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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one shall resell the status of being selected as residents of multi-family housing subject to provisional application, among multi-family housing constructed and supplied by a project operator in a public housing site, before the lapse of the period prescribed by Presidential Decree (hereinafter referred to as "period subject to restriction on resale").
On July 20, 2012, the Defendant was an employee of the administrative-oriented complex relocation agency, and was selected as the occupant of “Seoul Special Self-Governing City C 701 Dong 1903, 1903, which Hyundai Construction Corporation specially supplies.”
Above July 19, 2013, the Defendant
7. 22. At the location of a public brokerage office located in Sejong Special Self-Governing City of Sejong, the status of being selected as the occupant of the above apartment was sold to F in the amount of KRW 8 million by arranging E, etc.
However, the above apartment was a house that could not resell the status of being selected as an occupant of the house for one year from the date ( July 25, 2012) when it is possible to enter into an initial housing supply contract under the Enforcement Decree of the Housing Act with a house to be specially supplied to the employees, etc. of an administrative-oriented city relocating agency in accordance with the Housing Act and the Rules on Housing Supply in a public housing site developed and developed according to an administrative-oriented city construction project pursuant to the "Special Act for the Construction of a Dual-oriented City for Follow-up Measures for New Administrative Capital" (hereinafter referred to as the "Special Act").
By doing so, the Defendant was from July 19, 2013 to
7.2. 22. Resale the status of being selected as residents of housing subject to the system, which sold the housing for sale within the period of restriction on resale.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and E;
1. Application of Acts and subordinate statutes to a report on a real estate transaction contract and a report on a real estate transaction contract;
1. Article 96 subparagraph 2 of the Act and Articles 41-2 and 41-2 (1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) regarding criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.