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(영문) 수원지방법원 성남지원 2020.06.09 2020고정197
주택법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No one shall resell the status of being selected as an occupant of a house subject to the upper price ceiling system constructed and supplied by a project operator before a period prescribed by Presidential Decree expires.

In the case of Hanam-si apartment B, as a house subject to the upper limit price ceiling system, it is prohibited from resale of the right of sale for one year from December 8, 2015, on which it is possible to conclude a housing supply contract for the first time.

Nevertheless, around December 10, 2015, the Defendant sold the right to sell B apartment units D, which won in the name of the Defendant, to F through E, which is a hub for the illegal resale of the right to sell the apartment units B, which won in the name of the Defendant, in the vicinity of the model lower court located in Chungcheongnam-si, Nam-si, and sold the status of being selected as the occupant of the housing subject to the upper price selling price ceiling prior to the lapse of the restriction period.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's report on internal history in his/her legal statement (specific circumstances in which the defendant was involved), information on subscription to apartments (101 pages), public notice for invitation of occupants (167 pages of investigation records), supply contract (32 pages of investigation records), notarial deeds (326 pages of investigation records)

1. Article 96 subparagraph 2 of the Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016) and Article 41-2 (1) 2 of the former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016) on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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