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(영문) 서울중앙지방법원 2011. 6. 15. 선고 2010고단6057 판결
[건축물의분양에관한법률위반][미간행]
Escopics

Defendant

Prosecutor

Doescary Right

Defense Counsel

Attorney Go-joon

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Criminal facts

The defendant is the representative director of Nonindicted Co. 1, who is a construction executor.

When a seller of buildings in units intends to sell buildings in units, he/she shall report the details of sale to the competent authorities, and shall not sell buildings not reported for sale in lots.

On December 18, 2008, the Defendant constructed commercial facilities in the Suwon-si District (location omitted), obtained a report on the sale of the sale of the said commercial facilities only with respect to the total floor area of 6,828.53 square meters among the above commercial facilities (stores) and Class 2 neighborhood living facilities (general restaurants). On January 12, 2009, the Defendant concluded a sale contract with Non-Party 2 on the sale of the said commercial facilities at the selling office located in the Yongsan-si District (location omitted) and sold the parking lot, which is a building for which no report on the sale was made, as shown in the attached list of crimes, as well as the sales contract for the parking lot for the parking lot of 34.28 square meters, which is a building for which no report on the sale was made, as well as the sales contract for the parking lot

Summary of Evidence

1. The defendant's partial statement in the first trial record;

1. Statement of the witness Nonindicted 9 and 10 in the second trial record

1. The statement made by Nonindicted Party 11 in the third protocol of trial

1. The check sheet for sale in lots, written estimate, written contract for sale in lots, and certified copy of the register;

Application of Statutes

1. Article applicable to criminal facts;

Articles 10(1), 5(1), and 5(1) of the Act on Sale of Each Building

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel merely purchased and sold the parking lot to the above buyers in the form of free donation, and it is argued that there was no "sale" under the Act on the Sale of Buildings. However, according to the above evidence, it can be recognized that the parking lot was sold to the above buyers with the parking lot as well as that the sale price was included in the area of the parking lot in proportion to the area of the commercial lot. Thus, the above assertion is rejected.

[Attachment]

Judges Han Free Country

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