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(영문) 대구지방법원 2017.01.13 2016고단6106
주택법위반
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

However, the defendant B is subject to objection.

Reasons

Punishment of the crime

[Defendant A was sentenced to a total of four years and four months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on March 27, 2009, and the execution of the sentence was terminated on September 13, 2012.

[ criminal facts] No person shall transfer, acquire, or arrange any deed or status eligible for a supply of housing for the purpose of acquiring or obtaining a supply of housing constructed and supplied under the Housing Act, and shall not obtain or have a supply of a deed or status constructed and supplied under the Housing Act by fraudulent or other unlawful means.

However, the Defendants purchased necessary documents from the disabled persons eligible for the actual intention of selling apartment units and the special order of supply order for disabled persons with disabilities to acquire the resale marginal profits by selling apartment units in their name under the name of disabled persons, and acquired documents such as a certificate of disabled persons necessary for the application for parcelling-out from the disabled persons and delivered them to the Defendant A. The Defendant A conspired to resell the documents issued by the Defendant B to apply for special parcelling-out of disabled persons and to deliver money for the purpose of introduction to the Defendant B.

According to the above public offering, Defendant A notified Defendant B of the information on the application for the sale of C apartment units on the date of 2014, and Defendant B, if he transferred the documents necessary for the application for sale to D with a special priority of persons with disabilities, he/she will grant a honorarium if he/she applied for special sale of disabled persons and won the sale.

The proposal received documents necessary for the application for apartment sale, such as certificates of persons with disabilities, from D.

Defendant A continued to file a special application for the sale of the disabled in the name of D on July 1, 2014 to the Daegu Suwon-gu apartment building in the name of the disabled, and the sale price in the name of D on July 17, 2014 is KRW 381,980,000.

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