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(영문) 대전지방법원 2016.12.12 2016고단3424
주택법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall resell the status of being selected as an occupant of housing subject to the upper price ceiling system built and supplied by a project operator until a period prescribed by Presidential Decree (hereinafter referred to as the "period for restriction on resale") expires, or mediate the resale thereof.

Around September 2015, the Defendant sold the status of being selected as the occupant on November 12, 2014 with respect to “F apartment 1107 Dong 1001, 1001, which is supplied by E Co., Ltd.” to G at KRW 50 million. However, the foregoing apartment was a house that can not be sold to G for one year from the date it is possible to conclude an initial housing supply contract pursuant to the Enforcement Decree of the Housing Act with the housing subject to the upper price ceiling system developed by the Multifunctional Administrative City Construction Project under the Special Act on the Construction of the Multifunctional Administrative City in the Yeongi-si Area for Follow-si Plan for Follow-si Measures for New Administrative Capital, which is supplied by E Co., Ltd. ( November 17, 2014).

Accordingly, the defendant resells the status of being selected as residents of housing subject to the upper limit price ceiling system within the period of restriction on resale in September 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to a real estate sales contract and a F apartment supply contract;

1. Article applicable to the facts constituting an offense and Articles 96 subparagraph 2 and 41-2 (1) of the former Housing Act (Amended by Act No. 13687, Dec. 29, 2015);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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