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(영문) 대전지방법원 2012.11.14 2012고단2543
주택법위반등
Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of ten months, and Defendant C shall be punished by imprisonment with prison labor of six months.

(b).

Reasons

Punishment of the crime

[criminal career] Defendant A was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Incheon District Court on March 26, 2009 and completed the execution of the sentence prior to the crime of this case.

【Criminal Facts】

1. Defendant A

A. The Defendant in violation of the Housing Act and the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act is a person who actually runs the “G Licensed Real Estate Agent Office” located in Sejong City F and the “I Licensed Real Estate Agent Office” located in H apartment commercial building 301, 101, 301, 301.

The Defendant employed Defendants B, the upper-tier Defendants C and J, K, L, and Q as the brokerage assistant of the said “I Licensed Real Estate Agent Office” as well as the brokerage assistant of the said “G Licensed Real Estate Agent Office” and, along with them, decided to arrange the resale of apartment sale rights sold by the Korea Land and Housing Corporation in Sejong Special Self-Governing City, and to distribute the same at the rate of 5:5 to the Defendant and the actual brokerage assistant who arranged the resale of the sales rights by receiving the brokerage fees from the seller or the buyer.

1. On November 1, 2011, the Defendant: (a) arranged to transfer the right to sell an apartment to T, by a S who was selected as an occupant under 712 Dong 901, Dong 901, which is sold by the Korea Land and Housing Corporation at the office of the said G Licensed Real Estate Agent Office; and (b) received KRW 1,00,000 from the said S and T respectively,

However, the apartment house was supplied in the public housing site and it was a house that could not resell the status of being selected as the occupant of the house or arrange the resale thereof for one year from June 23, 2011, which is the date of initial contract.

In this end, the defendant, during the period of restriction on resale, mediated the resale of the status of being selected as the occupant of the housing subject to the upper limit price ceiling system during the period of restriction on resale, and mediated the sale of real estate for the purpose of violating the relevant laws and regulations, thereby promoting real estate speculation.

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