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(영문) 대전지방법원 2016.11.16 2016고단2858
주택법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a licensed real estate agent, and since 2011, the Defendant is operating the “E Licensed Real Estate Agent Office” in the Sejong City D and 111.

2. Violation of the Housing Act, violation of the Licensed Real Estate Agents Act: Illegal intermediaries, and prohibited acts by practicing licensed real estate agents shall not resell or arrange the resale of any multi-family housing constructed and supplied by a business proprietor which is subject to the upper limit system for selling prices until a period prescribed by Presidential Decree (hereinafter referred to as the "period for selling on a deposit basis") expires, and no practicing licensed real estate agent, etc. shall arrange the sale or exchange of any certificate, etc. related to the sale or lease of real estate, the offering on a deposit basis, etc. of which is prohibited by relevant statutes, or conduct

On September 2014, the Defendant arranged the Defendant to sell the name of H selected as the occupant of “G apartment Nos. 1203, 701,” which was sold by F around that time by the said licensed real estate agent office, to sell the name of H to the deceased and to sell the name of H to 15 million won at the premium.

However, the apartment house was a house subject to the upper price ceiling system, which could not resell the status of being selected as an occupant of the house or arrange the resale thereof for one year from the date it is possible to conclude the first housing supply contract ( September 23, 2014).

In addition, the Defendant, from June 2013 to April 2016, 2016, sold or mediated the status of being selected as residents within the period of restriction on resale through the aforementioned method 22 times in total, as indicated in the attached list of crimes (1), and traded or traded certificates, etc. related to the sale or lease of real estate, the transfer or arrangement of which is prohibited under the Housing Act and other relevant statutes, such as the Housing Act.

Accordingly, the defendant resells or mediates the status of being selected as an occupant of a house subject to the upper price ceiling system within the period of restriction on resale, and related statutes, such as the Housing Act.

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