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(영문) 의정부지방법원 2018.01.18 2017고정2304
주택법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 14, 2016, the Defendant was sentenced to a suspended sentence of one year in June due to the charge of forging private documents at the District Court, and the judgment became final and conclusive on July 27, 2016.

The Defendant is a certified broker who had operated a certified brokerage office in C (the present D certified brokerage office) in accordance with subparagraph 101 of 101 of the B apartment commercial building B from December 2, 2014 to October 21, 2016.

In the Gu-si, E’s primary apartment is limited to the resale for one year as a house with an exclusive residential area of 85 square meters or less supplied in a public housing site developed in the Seoul Metropolitan area by cancelling a development-restricted area by at least 50% of the area of the district, and is not allowed to resell a selected status as an occupant or to arrange the resale of a house in violation of this provision (from April 14 to April 13, 2015).

Nevertheless, around April 11, 2016, the Defendant arranged G to resell the status of being selected as the occupant of the above apartment No. 111-dong 2403 (right of sale) that won the F in the above certified brokerage office (right of sale) by receiving the transfer of KRW 10 million to the new bank account (H) in the name of F as part of the down payment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, written accusation, written registry of real estate brokerage office (Dauthorized brokerage office), written vindication of report on each real estate transaction, written explanation of apartment sale right, written agreement on apartment sale right, copy of passbook of the seller, written inquiry about purchaser's transaction in G, public announcement of invitation of occupants, and copy of written investigation of suspect of the seller;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 96 Subparag. 3 and Article 41-2 Subparag. 1 of the former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016); the selection of fines for criminal facts;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the defendant recognized the criminal facts of this case and reflected his mistake, and the judgment of the court becomes final and conclusive.

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