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(영문) 대전지방법원 2016.11.24 2016고단2979
주택법위반
Text

1. Defendant BC shall be punished by imprisonment for a year;

However, the defendant BC shall be above two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

BC is a person who was an employee of the CE and BF Licensed Real Estate Agent Office (representative BG), and Defendant J is a person who was an employee of the E Licensed Real Estate Agent Office (representative D and actual operator A) of the C and the 103 E Licensed Real Estate Agent Office (representative D and 103) in Sejong-si, and Defendant I is a public official of class VI of the YY-si public health clinic in Busan-si.

No one shall resell the status of being selected as an occupant of housing subject to the upper price ceiling system built and supplied by a project construction contractor before the lapse of a period prescribed by Presidential Decree (hereinafter referred to as the "period subject to restriction on resale"), or mediate the resale thereof.

1. On May 30, 2015, Defendant BC: (a) the Defendant arranged the status of being selected as an occupant on April 30, 2015 as to the “BF Licensed Real Estate Agent Office, etc.” (BF) on the three-dimensional BF Real Estate Office, which was sold by BH Co., Ltd.; and (b) received a referral fee of KRW 50,000,000 from BK to the purchaser through BK. However, the said apartment was a house subject to the upper price ceiling system applicable to the construction of a multifunctional Administrative City in a public housing site developed and created by the Multifunctional Administrative City Construction Project under the Special Act on the Construction of the Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital; and (c) the status of being selected as an occupant of the relevant housing for one year from the date on which it is possible to conclude the first housing supply contract pursuant to the Enforcement Decree of the Housing Act.

Accordingly, on May 2015, the Defendant arranged the resale of the status of being selected as the occupant of the housing subject to the upper limit system for selling price within the period of restriction on resale to police officers.

In addition, from May 2015 to April 2016, the Defendant arranged the resale of the status of being selected as occupant within the period of restriction on resale on 20 occasions, as described in the attached Table 1, by the following means: (a) from May 1, 2015 to May 2016.

2. Defendant J around February 2015, at the seat of the above E Licensed Real Estate Agent Office, and BM with the actual operator A of the above office.

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