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The prosecutor's appeal is dismissed.
Reasons
1. In light of the purport of the grounds for appeal, the association housing can be divided into the association members and non-members, and the non-members also need to punish the act of disturbing the housing supply order, there is no basis to interpret that the case of punishment under Articles 96 subparag. 1 and 39(1) of the Housing Act is limited to “the case of transferring the legal status that can be purchased in the capacity of an association member”.
Nevertheless, the court below punished Article 39(1) of the Housing Act to transfer its status as a legitimate member. Since the defendant was not guilty of the facts charged in this case on the ground that he is not a legitimate member under the Housing Act, the court below erred by misapprehending the legal principles, which affected the
2. Determination on the grounds for appeal
A. In full view of the fact that Article 39(1)1 of the Housing Act provides for the status of a housing association established lawfully pursuant to Article 32 of the Housing Act to be supplied with a house, the language and text of the Housing Act is interpreted to mean the status that can move into a house lawfully and effectively, and that Article 39(2) of the Housing Act provides that where a person violates Article 39(1) of the Housing Act, the Minister of Land, Transport and Maritime Affairs or a project undertaker may invalidate his “the status” under Article 39(1)1 of the Housing Act on the premise that “the status of a housing association to be supplied with a house pursuant to Article 32” means the status of a member of the housing association established lawfully after obtaining authorization for establishment or making a report, and this means the status of a member of the housing association to be provided with a house that the housing association can be provided with, and it must be recognized only when the member’s qualification requirements prescribed by the Housing Act, etc. meet and the procedure for joining the association and selling the housing.