logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.03.24 2016고단2702
주택법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 31, 2015, the Defendant is a business entity who has obtained approval of a housing construction project plan for multi-family housing (34 households) with the total floor area of 4,907.13 square meters, consisting of the 1st underground floor and 10th floor building in Jeju-si from Jeju-si Mayor on March 31, 2015.

1. Where a project undertaker of housing construction intends to recruit occupants, he/she shall obtain approval from the competent authority for the invitation of occupants;

Nevertheless, around February 15, 2016, the Defendant sold 20 households of the above apartment without obtaining approval from the competent authority for the invitation of occupants at the office located in the construction site of the above F apartment, and concluded a sales contract with G with regard to the above apartment 701, such as entering into a sales contract with G, etc. from the above day to August 1, 2016.

2. A project undertaker of a housing construction project shall be prohibited from using or allowing to use the housing or site unless he has undergone the inspection for use;

Nevertheless, on September 2016, the Defendant, prior to the inspection of use, occupied by the said people in 302 (H), 702 (I), 801 (J), 901 (K), 902 (L), and 1003 (M) and used the house before the inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the prior written confirmation of parcelling-out, each agreement on parcelling-out of apartments, the prior written confirmation of occupancy, and statutes governing the prior occupancy photographs

1. Relevant Article of the Act on Criminal facts and the recruitment of occupants who have not been approved of the choice of punishment: Housing Act (amended by Act No. 14093, Mar. 22, 2016; Act No. 14093, Dec. 2, 2016; Act No. 97 was amended again as Act No. 1434, Dec. 2, 2016; however, this Act shall enter into force on the date six months after its promulgation);

Article 97 Subparag. 9 and Article 38(1): Selection of fines under Article 49(4) of the Housing Act (amended by Act No. 13782, Jan. 19, 2016) by universal title

1. The aggravated Criminal Act for concurrent crimes.

arrow