The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The summary of the facts charged shall not resell or arrange the status of being selected as the occupant of a house constructed and supplied by a project undertaker or a status of being selected as the occupant of a house, the status of being selected as the occupant of a house constructed and supplied in a overheated speculative district, the status of being selected as the occupant of such house, the status of being constructed and supplied in a housing site other than a public housing site in a metropolitan area, or the status of being selected as the

Defendant

A around May 2016, it was selected as residents of D apartment units, which is a house subject to the upper limit of sales right.

On May 11, 2016, the Defendant reselled the status of being selected as the occupant of D apartment in front of D Apartment Model Haak-si, Goak-si, by receiving KRW 18 million from E.

2. Article 41-2(1) of the Housing Act provides that the period of restriction on resale shall be prescribed by Presidential Decree, and Article 45-2(2) of the Enforcement Decree of the Housing Act provides that the initial date of the period of restriction on resale shall be “the date when it is possible to enter into

According to each legal statement of the Defendant and F and the statement of D apartment supply contract submitted by the Prosecutor, the Defendant transferred the status of being selected as an occupant on May 1, 2016, the date of the winning winner, to F, the status of being selected as an occupant. The date on which the Defendant first becomes able to conclude a housing supply contract is the date on May 24, 2016, and the Defendant concluded a sales contract on May 24, 2016.

The buyer may enter into a contract for sale with the seller during the "period of conclusion of the contract for sale" notified by the seller through the public announcement of invitation of occupants, and if the period is Do, the contract for sale cannot be entered into.

Therefore, the term “the date when the first contract for housing supply can be concluded” under the Enforcement Decree of the Housing Act refers to the first day of the term “the date when the contract for housing supply can be concluded.”

Ultimately, it is reasonable to view the starting date of the period of restriction on resale to be applied to the defendant from May 24, 2016 as the prosecutor.