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(영문) 부산지방법원 2017.03.23 2016고정4154
주택법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

No person shall receive the status of supply under the Housing Act by fraud or other improper means.

The Defendant is a person with disabilities of grade 6, from around August 2015, from E, a recruitment book of a certified broker D at the front of the Busan Jin-gu, Busan, Busan, about August 3, 2015;

If a person with a disability won a prize in an apartment due to the special sale of the apartment, he/she shall be paid a reward of KRW 5 million.

"A request for certificates of persons with disabilities, certificates of seal impression, etc." has been made, and facts have been delivered to D through E, in response to the proposal, although there is no intention or ability to purchase a new apartment, the documents necessary to apply for special purchase of persons with disabilities in the name of the defendant.

D In the sale office of “G” apartment units located near the F Station of Kimhae-si in around August 2015, 2015, as the Defendant applied for the sale of the above apartment units under the name of the defendant as the actual user of the above apartment units, D applied for a special application for the sale of disabled units in the name of the defendant, and won the above apartment units 102 Dong 2701 on August 25, 201

As a result, in collusion with D, E, etc., the Defendant was supplied with apartment sale rights in a position to be specially supplied in accordance with the Housing Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Application of the Act and subordinate statutes to investigation reports (the letter of delegation No. 18 of the certificate), investigation reports (the details of special award and the details of report on actual transaction of real estate)

1. Article 96 Subparag. 1 and Article 39(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); Article 30 of the Criminal Act (elective Selection) regarding criminal facts;

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

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

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