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(영문) 서울동부지방법원 2018.09.07 2018고정900
주택법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The public announcement of sale on January 15, 2015, receipt of special supply on January 20, 2015, receipt of the first prize, receipt of the first priority order on January 21, 2015, receipt of the first priority order on general supply on January 22, 2015, receipt of the third priority order on general supply, announcement and allocation of general winners and the number of houses on January 28, 2015, from February 2, 2015 to February 4, 2015, the apartment supply contract is made and it is restricted to the resale of the first apartment supply contract from February 2, 2015 to February 4, 2015.

On February 6, 2015, the Defendant received and sold the above apartment unit 108 Dong 1501, which was won in the name of the Defendant’s father-dong 1501, from the model house of the above apartment unit in Gangseo-gu Seoul Metropolitan Government, to E, with the premium of KRW 50 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. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the defendant (including attached documents, such as a process certificate, special agreement, each supply contract, a statement of application for subscription, a certified copy of resident registration, etc.);

1. A protocol concerning the examination of suspect of the F (one to four times);

1. G Statements;

1. A copy of each protocol of H (tentative name), I, and J;

1. Report of internal investigation (the inclusion of notarial documents related to the illegal resale of the right to sell apartment units, which was F) and internal investigation report (the attachment of CDs, such as the F business site book, process deed, financial settlement response data, etc.), internal investigation report (the specific household of B's illegal resale of the right to sell apartment units), and report of internal investigation (the confirmation of the period during which the public announcement of apartment units is attached

1. Application of the Acts and subordinate statutes governing the invitation of occupants of B apartment houses;

1. Article 96 Subparag. 2 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); Articles 41-2 Subparag. 2 and 41-2 Subparag. 2 of the same Act; and the selection of fines for criminal facts

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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