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(영문) 청주지방법원영동지원 2020.11.12 2020고단137
주택법위반등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. No person who violates the Housing Act shall transfer the status capable of acquiring a supply of housing, certificate of occupants' savings, redeemable housing bonds, etc. to have housing constructed and supplied under the Housing Act;

Nevertheless, on October 2017, the Defendant sent to F through E a passbook (D) of the Industrial Bank of Korea subscription comprehensive savings account in the name of the Defendant, a certificate of occupants’ savings in the name of the Defendant, in the middle of the Chungcheongbuk-gun, the Defendant: (a) received KRW 1980,000,000,000 from F, from October 26, 2017 to the Industrial Bank of Korea account in the name of the Defendant.

Accordingly, the defendant paid the price from the illegal solicitation organization such as F, etc., and transferred the occupants' savings certificate.

2. No person who violates the Digital Signature Act shall transfer an authorized certificate to any third person for the purpose of allowing such person to exercise;

The Defendant, upon receiving F’s instructions from E at the date, time, time, and place specified in paragraph (1), received a proposal from the Defendant to make an application for an apartment with the Defendant’s authorized certificate, and accepted it, transferred the authorized certificate necessary for the application for an application to E’s smartphone using the mobile application’s authorized certificate copying function.

Accordingly, the defendant transferred an authorized certificate to the illegal subscription passbook recruitment organization such as F for the purpose of allowing the exercise.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by the prosecution (including H substitute part);

1. Statement of the police officer to I;

1. Notice of cancellation of contract sent to A in the contract for the supply of J apartment for Si interest and J apartment, and L;

1. Application of Acts and subordinate statutes to a report on investigation (examination of case circumstances);

1. Article 101 Subparag. 3, Article 65(1) of the former Housing Act (amended by Act No. 16006, Dec. 18, 2018); Article 32 Subparag. 4, and Article 23(5) of the Digital Signature Act (amended by Act No. 1606, Dec. 18, 201);

1. The aggravated Criminal Act for concurrent crimes.

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