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(영문) 서울중앙지방법원 2018.05.01 2018고정493
주택법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 25,00,000, and by a fine of KRW 20,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The Gangnam-gu Seoul Metropolitan Government F1 complex national and private housing is a multi-family housing subject to the upper limit of sale; public announcement of sale on October 1, 2013; receipt of special supply from October 7, 2013 to October 11, 2013; receipt of special supply prizes on October 22, 2013; receipt of general supply orders on October 24, 2013; receipt of the third priority orders on general supply on October 25, 2013; receipt of the third priority orders on general supply; issuance of housing units and housing units on November 1, 2013; issuance of housing units and housing units from December 23, 2013 to December 27, 2013; in cases of an apartment house with an area exceeding 15 square meters and less than 100 square meters which can be first supplied, the exclusive residential area of the housing unit from December 26, 2013 to 205 square meters; and the exclusive residential area of the housing unit from 20.

1. Around December 30, 2013, Defendant B sold the above F1 unit National Housing No. 102, 803, which won in the name of the Defendant at H office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, by receiving a premium of KRW 100 million from I.

Accordingly, the defendant sold the status of being selected as the occupant of the housing subject to the application of the sale price limit within the period of resale restriction.

2. On January 19, 2014, Defendant A sold the above F1 complex National Housing No. 112 Dong 1104, which was won in the name of the Defendant at the J office near the National Housing of the Republic of Korea, to K upon receiving a premium of KRW 150 million.

Accordingly, the defendant sold the status of being selected as the occupant of the housing subject to the application of the sale price limit within the period of resale restriction.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning examination of the police concerning L;

1. Copies of each police statement made by the informant M (name N),O, and P;

1. Statement made by the police to Q Q;

1. A copy of the Promissory Notes related to B (Fairness) and a copy of the Promissory Notes related to A;

1. Application of the statutes governing the public announcement of invitation of occupants of an apartment complex F1 complex;

1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: each of the Defendants.

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