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(영문) 수원지방법원 2018.12.06 2017고정3287
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

The defendant is (tentative name) the actual operator of C, a corporation, the agent company of the promotion committee for the establishment of the B Housing Association.

A person who intends to recruit members to obtain authorization for the establishment of a regional housing association shall report to the head of the competent Si/Gun/Gu and recruit members by open recruitment methods.

Nevertheless, the Defendant, without reporting to the permissible City Mayor from June 19, 2017 to June 22, 2017, recruited its members by explaining the location, reputation, etc. of the apartment to be sold in the future to the persons who have discovered a public relations center while operating the F Housing Promotion Center in Young-gu D and Subdivision-gu, Young-si and Subdivision-gu E from Jun. 19, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A written accusation;

1. - Copy of the protocol concerning the examination of suspect A, which shall be accompanied by the Seodaemun 2017-3765;

1. Determination as to the assertion by the defendant and the defense counsel on the "request for submission of materials for public announcement of recruitment of members following the enforcement of the Housing Association-related Housing Act" (Mail Viewing Housing and - 25662), the response and materials for the establishment and promotion of a regional housing association (tentative name), the recruitment of members of a local housing association, the recruitment of members of a district housing association, and the recruitment of members

1. The summary of the argument is that the Defendant merely provided a general explanation and maintained a public relations officer to those who have provided a model voucher and provided a membership recruitment report to those who have provided a future membership recruitment report, and that he/she provided a membership recruitment service such as preparing a written application for membership.

2. Article 11-3 of the Housing Act (amended by Act No. 1434, Dec. 2, 2016; Act No. 1434, supra, includes the following: (a) a person who intends to recruit members to obtain authorization for the establishment of a regional housing association shall report to the head of the competent Si/Gun/Gu; and (b) a person shall recruit members by means of open recruitment; and (c) the amended Act was enforced on June 3, 2017.

, however, the above law;

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