The defendant shall be innocent.

1. The Defendant is a person selected as an occupant under 903 Dong-dong 903, 903, in the case of Namyang-si.

The above apartment complex is a public housing site created by cancelling a development-restricted zone with at least 50% of the area of the district, and the resale for one year is limited (from June 14, 2016 to June 13, 2017), and it is not possible to resell the status of being selected as an occupant or to arrange the resale thereof, in violation of this provision.

Nevertheless, on June 14, 2016, the Defendant: (a) received KRW 17 million from the street in front of the E Apartment Model House in Namyang-si; and (b) sold the status of being selected as the occupant of the above apartment to F.

As a result, the defendant resells the status of being selected as the occupant of the housing subject to the Housing Act, which has already been sold within the limitation period.

2. Article 41-2(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) provides that the period of restriction on resale shall be prescribed by Presidential Decree, and Article 45-2(2) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016) provides that the initial date of the period of restriction on resale shall be “the date on which it is possible to enter into a housing supply contract for the first time”.

According to the evidence duly adopted and examined by the court, it is recognized that the date when a housing supply contract can be concluded for the apartment of this case for the first time is June 14, 2016, and that the defendant would receive KRW 17 million from F after being selected as the occupant of the apartment of this case 903 Dong 903, 903, and then transferred its status to F.

Accordingly, the circumstances acknowledged by the record, i.e., the day on which the Defendant sold the status of being selected as an occupant to F and received the payment, i.e., the day on which the Defendant sold the status of being selected as the occupant, i.e., the day on which he received the payment, ii) again sold the said status to G upon receiving KRW 25 million from the said occupant, and H, on behalf of G at that time, delivered the payment to F, stated in this Court as of June 1, 2016 or June 2, 2016 (G also stated in this Court, the said KRW 25 million to F.