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(영문) 수원지방법원 2018.09.13 2017고단5399
주택법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall acquire or have others acquire a supply of any deed, status or housing constructed or supplied pursuant to the Housing Act by fraudulent or other unlawful means.

Nevertheless, on May 10, 2016, the Defendant acquired the status that he can be supplied with housing two times in the same manner as the attached Table 4, 6 sub-paragraph 4, and 6 sub-paragraph 1 of the attached Table 2016 until May 19, 2016, by submitting a false address and obtaining the status that he/she can be supplied with the said housing, even though the Defendant did not live at the time of official residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Direction to investigate the case requested for investigation, including violation of housing law;

1. Application of Acts and subordinate statutes to the details of liquidity transactions;

1. Article 96 Subparag. 1 and Article 39(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015 (amended by Act No. 13687, Jun. 30, 2016); the choice of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty, in light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act reflects the wrongness and the initial charge, etc.

1. The summary of the facts charged is that no person receives or causes another person to receive the supply of a deed, status, or house constructed and supplied under the Housing Act by fraud or other improper means, but the defendant is a false address as if he/she entered the application for subscription to H housing sold in Gwangju City G, even though the defendant did not live in Gwangju City, at the office of the D Certified Private Broker Office located in Yeongdeungpo-gu, Young-gu, Seoul, about March 25, 2016.

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