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(영문) 대전지방법원 2017.02.15 2016고정1576
주택법위반
Text

1. Defendant A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2.5 million.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

No one shall resell or arrange the resale of multi-family housing constructed and supplied by a project operator in a public housing site before the lapse of a period prescribed by Presidential Decree (hereinafter referred to as "period subject to restriction on resale"), which is the status of being selected as residents of housing subject to provisional application of the housing for sale.

1. On December 2015, Defendant A: (a) at the real estate office located in Sejong Haman, the Defendant was selected as the occupant in the name of husband F, 603 Dong 1003, the E apartment sold by D Co., Ltd.; and (b) sold the status so selected to H through A, a certified broker G, with a premium of KRW 30 million.

However, the apartment house was a house that could not resell the status of being selected as an occupant of the house for one year from the date it is possible to conclude the first housing supply contract ( December 22, 2015) with a house that is eligible for the upper limit of sale.

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. On April 2016, Defendant B: (a) at the office of 105, the Defendant: (b) was selected as the occupant in the name of K Apartment L, 602 Dong 403, which was sold by J on September 1, 2015; and (c) sold the status so selected to N by receiving KRW 11,00,000 from a certified intermediary M and selling it to N.

However, the apartment house was a house that could not resell the status of being selected as the occupant of the house for one year from the date when it is possible to conclude the first housing supply contract ( September 8, 2015) with the house that is applied with the upper limit of sale.

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.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning interrogation of suspects of M by prosecutors (two times);

1. Investigation report (the period during which the resale of apartments is restricted);

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