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(영문) 부산지방법원 2019.02.18 2019고정88
주택법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

If the above fine is not paid, 100,000 won shall be respectively.

Reasons

Punishment of the crime

1. No person who is a defendant B shall transfer or acquire a certificate of occupants' savings or status in order to acquire, or have to acquire, a house constructed and supplied under the Housing Act;

Nevertheless, the defendant issued the comprehensive savings account in the name of the defendant, a resident registration certificate, a certified copy, a family relation certificate, and an authorized certificate in the name of the defendant, and received KRW 3 million in return for the issuance of the house subscription deposit account in the name of the defendant, in the car page in Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu).

2. No person who is a defendant A shall transfer or acquire a certificate of occupants' savings or status in order to be supplied with housing constructed and supplied pursuant to the Housing Act;

Nevertheless, on March 28, 2016, the Defendant issued a comprehensive savings account in the name of the Defendant, a resident registration certificate, a certified copy, an abstract of resident registration, a family relation certificate, and an authorized certificate in the E bank located in Yongsan-gu Seoul Metropolitan Government, to C, and received KRW 2.1 million in return.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect C by the prosecution;

1. Application of statutes to C of each protocol of suspect examination of police officer;

1. Defendants of relevant legal provisions concerning criminal facts: Each of the Defendants, Articles 101 subparag. 3 and 65(1) of the Housing Act

2. Defendants: Determination of punishment and fine

3. Defendants to be detained in a workhouse: each of the Defendants and Articles 70(1) and 69(2) of the Criminal Act.

4. Defendants of the provisional payment order: each of the Defendants and Article 334(1) of the Criminal Procedure Act

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