Text
Defendant
A shall be punished by a fine of KRW 3,000,000.
Defendant
If A does not pay the above fine, 50.
Reasons
Punishment of the crime
On June 16, 2011, the Defendants registered as a rental business operator at the Gwangjin-gu Office of Gwangjin-gu, Chungcheongnam-do, Chungcheongnam-do and registered 108 Dong-dong, 1202 and seven households as rental housing, and the Defendants were willing to sell part of the above apartment, notwithstanding the fact that the rental housing cannot be sold unless five years have elapsed since it was the mandatory rental period.
On November 23, 2012, the Defendants sold the above apartment units of KRW 108 Dong 1202 to D, KRW 74 million, KRW 114 Dong 1012 and KRW 76 million to E on December 11, 2012, and KRW 104 Dong 10188 and KRW 77 million to F on January 30, 2013.
As a result, the Defendants conspired to sell at will three households of purchased rental housing without the lapse of the mandatory rental period.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes to accusation forms, rental business operator registration certificates, full certificates of registered matters, written statements and tax payment data;
1. Relevant Article 41(3)3 and Article 16(1)4 of the former Rental Housing Act (Amended by Act No. 11587, Dec. 18, 2012); Article 30 of the Criminal Act
1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act
1. Defendant 2 to be suspended of sentence: Fines of 2,00,000 won;
1. Defendants in the custody of a workhouse: Articles 70 and 69(2) of the Criminal Act (50,000 won per day);
1. Defendant 2 of the suspended sentence: Article 59 (1) of the Criminal Act (the first offender and reflect, etc.);
1. Defendant 1 of the provisional payment order: It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.