The defendant shall be innocent.

On November 6, 2010, the Defendant purchased from E the purchase price of KRW 319,179,150 in his/her own name, the Daejeon Pung-gu C298 square meters (hereinafter “instant land”) under the name of his/her wife, a housing site for relocation measures in the area for the new city housing site development project within Daejeon-do, which was sold by the Korea Land and Housing Corporation.

Accordingly, the Defendant, who received the supply of a housing site developed under the Housing Site Development Promotion Act, cannot resell the housing site as it is without using it for the purpose of the supply before the registration of the transfer of ownership. On January 24, 2011, the Defendant sold the housing site for the relocation measures to H in KRW 469,179,150 with the proceeds of resale of KRW 150,000,000,000 at a G-authorized brokerage office located in Daejeon-gu, Daejeon-gu.

Judgment

Article 19-2 (1) of the Housing Site Development Promotion Act (hereinafter referred to as the "Act") 19-2 (1) "A person who has been supplied with a housing site created under this Act shall not resell the housing site as it is without using it for the supplied purposes until before the registration of transfer of the ownership is made (including all acts accompanying a change of name, sale, or other change of rights, but excluding inheritance.

(hereinafter the same shall apply).

subsection (b) of this section.

However, in cases prescribed by Presidential Decree, such as a site for housing construction supplied for relocation measures, the main text may not be applied. Article 31-2 of the Act provides that a person who resells a housing site in violation of the said provision shall be punished by imprisonment with labor for not more than three years and by a fine not exceeding KRW 100 million under the said Act. The punishment of “person who has received a housing site” under the said provision is apparent, and the Defendant is merely a person who purchased the land of this case from a large number of

B. We examine whether the defendant acquired the status of the "person who received the housing site supply" while purchasing the instant land from E.

Article 19-2 (2) of the Act provides that a person who has received a supply of a housing site resells the housing site in violation of paragraph 1.