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(영문) 대전지방법원 2017.02.16 2017고정88
주택법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall resell the status of being selected as the occupant of a house subject to the application of subparagraph 1, which is constructed and supplied by a project construction entity, before the lapse of a period prescribed by Presidential Decree (hereinafter referred to as "period subject to restriction on resale"), or arrange the resale thereof.

Nevertheless, on November 1, 2014, the Defendant purchased the status of being selected as the occupant in the name of Sejong City 1403 Dong 704 on November 12, 2014 with respect to “C Authorized Broker Office, etc.” located in Sejong-si B, and sold KRW 57 million in the name of G through F, and sold it to H for purchase at KRW 57 million in the name of G.

However, the above apartment was a house subject to the instant apartment system, which was developed by an administrative-oriented city construction project pursuant to the Special Act on the Construction of a Consolidated City in the Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital, and supplied to a public housing site created by the public housing site pursuant to the "Special Act on the Construction of a Consolidated City in the Yeongi-Gongju Area for the Follow-up Measures for New Administrative Capital" and for which it was impossible to resell the status of being selected as the occupant or arrange for resale before the lapse of one year from the date on which

Accordingly, the Defendant, on November 2014, reselled the status of being selected as an occupant of the housing subject to the application of the upper limit on resale to the Habman.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G and E by the prosecution;

1. Application of statutes on the prosecution’s statement protocol to H;

1. Relevant Article of the Act and Articles 96 subparagraph 2 and 41-2 (1) 2 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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