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(영문) 서울중앙지방법원 2016.04.06 2015고정4321 (1)
주택법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

No person shall transfer or take over (including sale, donation, and all other acts accompanying changes in rights) a certificate of savings of occupants (referring to a savings passbook, etc.) or his/her status to acquire or have another person acquire a house constructed and supplied pursuant to the Housing Act, or arrange such transfer or acquisition.

1. On March 2012, Defendant A transferred the subscription form under the name of the Nonghyup Bank, the head of the Tong, and the official certificate, family relation certificate, and a certified copy of resident registration, at the price of KRW 300,000,00, to the Nonghyup Bank established by the Nonghyup Bank, the applicant of the passbook C.

Accordingly, the defendant transferred his savings certificate to his occupant(s).

2. Defendant B transferred, around September 2012, at an enterprise bank in front of the apartment apartment complex of the wife population, Kim Jong-dong, Young-dong, the Defendant received an offer from the head of the Tong C, who is the head of the Tong, to receive a price of KRW 400,000,000,000 from the head of the Tong C.

Accordingly, the defendant transferred his savings certificate to his occupant(s).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a report on investigation (the final report of the judgment on the broker D, etc.) and a report on investigation (information on the suspect's application for subscription provided by the financial decision)

1. Defendants of the relevant legal provisions and the choice of punishment regarding criminal facts: The Defendants of the relevant criminal facts: Articles 96 subparag. 1 and 39(1)3 of the Housing Act, and the selection of fines;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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