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(영문) 제주지방법원 2018.02.06 2017고단2817
주택법위반
Text

Defendant

A shall be punished by a fine of KRW 15 million, and Defendant B shall be punished by a fine of KRW 7 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No one shall resell, or arrange for resale, a house subject to the provisional application of housing for sale constructed and supplied by a project operator and the status of being selected as an occupant of such housing before the period prescribed by Presidential Decree expires.

Defendant

B A around April 1, 2015, after being selected as the occupant of E apartment No. 109 201, Dongpo-si, Seopopopo-si, the apartment purchase price of the above apartment was difficult to be sold in its entirety due to the lack of the sale price, the defendant A, who was well aware of it, talked about the support for real estate brokerage, and the defendant A, who purchased and sold the apartment sale right to others and divided the profit.

Now, Defendant B also consented thereto.

Accordingly, Defendant A was known to the general public.

On April 14, 2015, the date when the contract was concluded, F transferred the down payment, etc. to F to the payment account. On the same day, the Defendants sold the above apartment ownership to F by means of preparing the contract in the name of Defendant B, and received the payment of KRW 26 million in return.

However, the above apartment house was a private house supplied to the public housing site within the overheated speculative district in an area other than the Seoul Metropolitan area under Article 2 subparagraph 1 of the Seoul Metropolitan Area Improvement Planning Act, and it was impossible to resell the status of being selected as the occupant of the house before one year has elapsed from the date ( April 14, 2015) it was possible to conclude the first housing supply contract.

As a result, Defendant B reselled the status of being selected as a tenant of the housing unit subject to the applicable housing unit system within the period of restriction on resale, and Defendant A mediated this.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. A legal statement of a witness;

1. Each police statement made to F and G;

1. Fact-finding inquiries (application for housing subscription and confirmation of the winning results) and replies;

1. An investigation report (the account in the name of B);

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