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(영문) 수원지방법원 2019.05.23 2018고정1963
주택법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any certificate of occupants' savings or its status in order to have others acquire or to have them acquire any housing constructed and supplied under the Housing Act, and shall acquire or have them acquire any housing constructed and supplied under the Building Act by fraudulent or other unlawful means.

Around July 2016, the Defendant issued to C Hospital located in Osan-si B a document necessary for the subscription for new shares, such as a house subscription passbook in the name of the Defendant, an identification card, a certificate of personal seal impression, and a family relation certificate, and received three million won from D for the consideration thereof.

Accordingly, the defendant transferred the certificate of the occupants' savings or its status.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (a copy of supply contract);

1. According to the pertinent legal provisions regarding criminal facts and Articles 96 subparag. 2 and 39(1) of the former Housing Act (amended by Act No. 1434, Dec. 12, 2016) that the Defendant’s choice of punishment for criminal facts would clearly be subject to the application of the former Housing Act, rather than the applicable provisions in the indictment, in cases where the applicable provisions in the indictment are not applicable.

Selection of Fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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