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(영문) 대전지방법원 2016.12.20 2016고단2996
주택법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall resell the status of being selected as an occupant of multi-family housing subject to the upper price ceiling system among multi-family housing constructed and supplied by a project undertaker before the lapse of a period prescribed by Presidential Decree (hereinafter referred to as "period subject to restriction on resale").

Nevertheless, around July 25, 2012 to July 27, 2012, the Defendant sold the status of being selected as the occupant on July 20, 2012 with respect to the “D apartment sales office in Sejong City, 709, 2203” in which Hyundai Construction Co., Ltd. sold. However, the said apartment was a house, which is subject to the upper price ceiling system, developed by the Multifunctional Administrative City Construction Project under the Multifunctional Administrative City Construction Project under the "Special Act on the Construction of Multifunctional Administrative City in Yeong-Gongju Area for Follow-up Measures for New Administrative Capital" and supplied in the public housing site to be developed and developed by the Multifunctional Administrative City Construction Project under the Enforcement Decree of the Housing Act, for one year from the date on which it is possible to enter into the first housing supply contract ( July 25, 2012).

On July 25, 2012, the Defendant reselled the status of being selected as the occupant of a house subject to the upper limit price ceiling system within the period of restriction on resale between July 25 to 27.

In addition, between July 25, 2012 and November 19, 2014, the Defendant reselled the status of being selected as residents within the period of restriction on resale on four occasions as shown in the attached crime list as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of the police statement of E;

1. G statements;

1. A family relation certificate (A), a certified copy or abstract of resident registration (A), a family relation certificate (I, H), a certified copy or abstract of resident registration (I), an investigation report (I), the details of the resale of the same household apartment, the details of the resale of the apartment of the same household, the project undertaker of the multi-family housing, and the date of supply of the resale thereof, each savings deposit inquiry table, the investigation report, and apartment units.

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