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(영문) 부산지방법원 2016.07.25 2016고단2084
주택법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

Defendant

A 48 million won shall be additionally collected from A.

2. Defendant B.

Reasons

Punishment of the crime

[criminal record] On May 1, 2015, Defendant A was sentenced to two years of suspension of execution on May 9, 2015 by imprisonment with prison labor for a violation of the Housing Act and a violation of the business affairs at the Busan District Court, and the said judgment became final and conclusive on May 9, 2015 and is still under suspension of execution

[ criminal facts] Defendant A is the chief director of H, Defendant B, and Defendant C is the president of the Association of the I Busan Metropolitan City Association. The Defendants purchased documents necessary for the application for special supply from persons with disabilities who have no actual intent or ability to sell apartment units, and conspired to acquire gains from resale by selling apartment units in the name of the disabled.

According to the above public offering, Defendant B and Defendant C wish to lend the name in the name of the disabled J (Grade V) around June 2015 and give the price for the apartment sale, and if the prize is won, part of the proceeds of resale will be given.

“Along with the purport that “a copy of the resident registration, a certificate of seal impression, a family relation certificate, and a certificate of a disabled person” received respectively from the J as necessary for filing an application for sale.

Defendant

B and Defendant C sent the above documents issued by J around July 2015 to Defendant A, Defendant A applied for the special supply of disabled persons to the Nam-gu Busan apartment site, and the J has won the winning, and the right was resold to L.

As above, Defendant A conspired with M, etc. to file an application for special supply of disabled persons with the following from June 24, 2015 to September 8, 2015, as shown in [Attachment Table 1-32] from June 24, 2015 to September 24, 2015, Defendant B and C, in collusion with Defendant A, etc., sold their rights by transferring them to “N”, “O apartment”, “P apartment”, “S apartment”, “R apartment”, “S apartment”, and “S apartment” as shown in [Attachment Table 7, 8, 9, 10, and 27 from June 24, 2015 to July 27, 2015.

As a result, the Defendants conspired to construct a house in accordance with the law to the transferee of the resale by fraud or other improper means.

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