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(영문) 서울중앙지방법원 2018.04.24 2018고정651
주택법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 10,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The term "D apartment" located in Gangnam-gu Seoul Metropolitan Government is an apartment to which the upper limit of the amount is applied; the public announcement of sale on July 11, 2014; the receipt of special supply and the announcement of the winners; July 16, 2014; the receipt of the first and second subscription for general supply on July 17, 2014; the receipt of the third subscription for general supply on July 18, 2014; the announcement of the general winners of supply and the allocation of the number of such winners; the issuance of the apartment supply contract from July 24, 2014 to July 31, 2014 to which the conclusion of the contract can be made; and the right of resale for sale from July 29, 2014 to one year is restricted.

1. On July 30, 2014, Defendant B sold the above apartment unit Nos. 209 Dong 1103, which was won in the name of the Defendant at the model house of “D” apartment in Seocho-gu Seoul, Seocho-gu, Seoul, by receiving a premium of KRW 60 million from F.

Accordingly, the defendant resells the status of being selected as an occupant of the housing subject to the housing for sale within the resale period.

2. On September 1, 2014, Defendant A sold the above apartment units 206 Dong 502, which won in the name of Defendant G, at the above model lower court, after receiving the sales right from H on September 1, 2014, in the amount of KRW 5,000 to KRW 60 million.

Accordingly, the defendant resells the status of being selected as an occupant of the housing subject to the housing for sale within the resale period.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. A copy of the statement made by the informant J (K)

1. A copy of the B-related promissory note process certificate, and a copy of the G-related promissory note process;

1. Notice of the invitation of occupants of D apartment houses;

1. Report on internal investigation (verification of D's announcement of apartment buildings attached thereto and confirmation of the period of restriction on resale), application of Acts and subordinate statutes to report internal investigation (examination of whether the period of resale under the Housing Act falls under the area subject

1. The Defendants: Articles 96 subparag. 2 and 41-2 subparag. 2 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) (amended by Act No. 13687, Dec. 29, 2015);

2. Attraction of a workhouse;

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