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(영문) 제주지방법원 2017.05.10 2017고단24
주택법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a representative director of Defendant B Co., Ltd. in Jeju, and Defendant B is a corporation established for the purpose of housing construction project, etc., which is the project undertaker of F apartment construction in Seopo City in Jeju.

1. Where a project undertaker of a defendant A housing construction intends to recruit occupants, he/she shall obtain approval from the competent authority for the recruitment of occupants;

Nevertheless, on October 29, 2015, the Defendant, without obtaining approval from the competent authority, sold the above apartment units 14 households without permission from around the above day to May 23, 2016, such as entering into a sales contract with G with regard to (101 Dong) 301 for the operation of apartment units (101 Dong), etc.

2. Defendant B, a representative of the Defendant, committed an offense against the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A H statement;

1. A written accusation;

1. A written investigation of violations;

1. Application of a certified copy of the register (B) statute;

1. Article 97 Subparag. 9 and Article 38(1)1 of the former Housing Act (amended by Act No. 14476 of Dec. 27, 2016 and enforced on March 28, 2017) (i.e., election of punishment: the fact that there is no record of the same kind of crime, and the fact that an administrative disposition was taken to suspend the business for six months) for Defendant B: the former Housing Act (amended by Act No. 14476 of Dec. 27, 2016 and enforced on March 28, 2017)

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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