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(영문) 울산지방법원 2017.03.23 2016고정1314 (1)
주택법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

B, C, D, E는 부동산 투기지역에서 중개 수수료를 받고 주택 분양권을 중개 또는 전매를 알선하거나, 당첨 확률이 높은 타인의 주택 청약 통장을 매입하여 분양권을 당첨 받은 후 높은 가격에 이를 전매하여 수익을 얻는 속칭 ‘ 떴다 방 ’으로 활동하는 자이다.

In order to acquire or arrange for the transfer or acquisition of, or to have to acquire the supply of, the resident savings certificates, etc. constructed and supplied pursuant to the Housing Act, or in spite of the fact that no one is allowed to acquire or have the said certificates, status, or housing constructed and supplied pursuant to the Housing Act by fraudulent or other unlawful means, the Defendant was willing to receive money from E and to have the said occupant savings certificates, etc. supplied to the said E, in an unlawful manner.

On September 2014, 2014, the Defendant transferred the head of Tong in the name of the Defendant (FF) to E, and received KRW 2 million. On September 23, 2015, the Defendant transferred the head of Tong in the name of the Defendant to E, and received KRW 1 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

Accordingly, in a case where the court recognizes that the Defendant transferred an occupant savings certificate to be jointly charged with the same criminal act in order to obtain a supply of or obtain a supply of housing constructed and supplied under the Housing Act, and the Defendant was prosecuted as a principal offender, it does not necessarily require a modification of a bill of indictment in a case where there is no risk that the Defendant would be able to exercise his/her right of defense by causing a misunderstanding against the Defendant (see, e.g., Supreme Court Decision 2006Do3583, Sept. 6, 2007). In the instant case, the prosecutor indicted the Defendant as a joint principal offender with E, etc., but the Defendant conspired with E

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