The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the Defendant who won the prize in the status of being selected as the occupant under the 107-dong 502 of the Gu Government-si apartment C.

The apartment house is subject to restriction on resale for one year as a house with an exclusive residential area of 85 square meters or less supplied in a public housing site developed by cancelling a development-restricted zone by at least 50 percent of the area of the district, and is subject to restriction on resale for one year (from April 14, 2015 to April 13, 2016), in violation of this provision, the status of being selected as an occupant or the status of being selected as an occupant or the good offices for resale.

Nevertheless, on April 1, 2016, the Defendant: (a) transferred the status of being selected as the occupant of the above apartment (right of sale) to F under the name of the Defendant to the Agricultural Cooperative (G) account in the name of the Defendant, as part of the down payment, through the arrangement of D real estate and E-authorized intermediaries.

2. In light of the conclusion of the contract, the agreement between the parties is required for the formation of the contract, and the agreement of such parties is not required with respect to all matters forming the content of the contract in question, but with respect to its essential or important matters, the agreement on standards, methods, etc. which are either specific or specific in the future is required.

On the other hand, a sales contract is established by an agreement between the parties regarding the transfer of a seller's property right and the payment of the price to the other party under the agreement to transfer the property right by the other party to the other party (see Supreme Court Decision 2005Da39594, Nov. 24, 2006, etc.). In light of the above legal principles, the following circumstances acknowledged by the records of this case, namely, ① the defendant, from the investigative agency to the court of this Court, by considering the real estate for resale of the right to sell the land, and the period of restriction on resale has to pass after considering the above facts.