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(영문) 인천지방법원 2019.10.25 2018고단7338
주민등록법위반등
Text

Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are in collusion with C to make a false move-in report and make a request for subscription by using it.

C In order to obtain profits from resale by acquiring the right of sale under prior qualification through disguised marriage and disguised transfer of the nominal holders of the passbook, C recruited the nominal holders of the passbook to obtain profits from resale.

1. Defendant A

(a) No person who violates the Resident Registration Act shall file a false report or application with respect to a resident registration or resident registration certificate;

Nevertheless, the Defendant, in collusion with C on October 22, 2014, filed a false report on his/her resident registration by making a move-in report to “Yansan-gu D” in which he/she does not actually reside through the Internet civil petition 24 at an indeterminate place.

(b) No person who violates the Housing Act shall acquire a supply of, or have others acquire a supply of, any deed, status or housing constructed and supplied pursuant to the Housing Act by fraudulent or other illegal means;

Nevertheless, on October 30, 2014, the Defendant, in collusion with C, filed a move-in report with the address indicated in paragraph (a) above 1, which is not actually residing in order to increase the probability of his subscription winning in the “E apartment” sold in Busan Metropolitan City, and subsequently filed an application for the move-in report with C, and acquired the right to sell the apartment around November 6, 2014.

C. On October 22, 2014, the Defendant, in collusion with C, transferred resident registration to “Yansan-gu D” in a false place on or around October 22, 2014, and applied for an application for parcelling-out with respect to “E apartment” implemented by the VictimF Housing Redevelopment and Improvement Project Association, who was unaware of such fact, around October 30, 2014.

However, since the above apartment house was a house for sale in the first order of the residents living in Busan area, the defendant could not be the first person, but was made the first person by means of disguised transfer as above.

Accordingly, the defendant should select the winning winner according to the legitimate order of priority.

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