Defendant

Manor fever

Attorney White-Ba

The defendant shall be innocent.

1. Summary of the facts charged

Around May 2008, the Defendant sold to Nonindicted 1 the right to sell one debt, which was purchased from Nonindicted 3 at “○○○○○○○○ Housing Association,” which was located in Dongjak-gu Seoul (hereinafter address omitted), to Nonindicted 1 at KRW 169,624,00, and transferred the status of acquiring a house built by a regional housing association pursuant to Article 32 of the Housing Act.

2. Determination

Article 96 subparagraph 1 of the Housing Act provides that a person who violates the provisions of Article 39 (1) of the Housing Act shall be punished. Article 39 (1) of the Housing Act provides that "no person shall transfer or acquire, or mediate any of the following certificates or positions to be supplied or to be supplied with a house constructed and supplied under this Act, and no person shall be provided with or have another person be provided with a certificate or status constructed and supplied under this Act by fraud or other improper means, and subparagraph 1 provides that "the status of being able to be provided with a house pursuant to Article 32". Meanwhile, Article 32 of the Housing Act provides that "where a person intends to establish, modify, or dissolve a housing association, he/she shall obtain authorization from the head of the competent Si/Gun/Gu, and a housing association may preferentially supply a house to its members, and the method and procedure for the establishment of a housing association, the qualifications for its members, etc. shall be prescribed by Presidential Decree.

As above, Article 39 (1) 1 of the Housing Act provides the status that a housing association lawfully established pursuant to Article 32 of the Housing Act can be supplied with the housing legitimately supplied. The language and text of the Housing Act refer to the status that can legally and effectively move into the housing in the housing, and Article 39 (2) of the Housing Act provides that the Minister of Land, Transport and Maritime Affairs or the project undertaker may invalidate his status in the case of a violation of Article 39 (1) 1 of the Housing Act on the premise that the "Status" under Article 39 (1) 1 of the Housing Act means the status that the housing association is a member of the housing association duly established after obtaining authorization for establishment or making a report, and it shall be recognized only when the housing association satisfies the requirements for qualification of the association members prescribed by the Housing Act, etc. and satisfies the procedure for joining the association members and the procedure for selling the housing.

The defendant and the non-indicted 3's each legal statement, the non-indicted 1, 8's each legal statement, the non-indicted 5, 7, and 6's statement to the non-indicted 2's investigation agency, each of the above ○○○○○○○○○○ Housing Association's membership contract (16 pages of investigation records), the execution contract by proxy (42 pages of investigation records), and the notification (46 pages) were written on July 5, 207, the non-indicted 4 concluded an agency contract with the non-indicted 6's head of the non-indicted 4 and the non-indicted 6's head of the non-indicted 4, the non-indicted 6's representative director of the non-indicted 4, and the non-indicted 6's head of the non-indicted 2, the non-indicted 4, the non-indicted 6's head of the non-indicted 4, the non-indicted 2, the non-indicted 60's head of the non-indicted 4, the sale price.

According to the above facts, the defendant is not a member of the ○○○○○○ Housing Association or a buyer who has gone through lawful procedures under the Housing Act; Nonindicted 1 or 2 also did not meet all the qualification requirements for members of the ○○○○○ Housing Association or the qualifications for general sale; and Nonindicted 1, who was well aware of such circumstances as a licensed real estate agent, was an agent of the defendant, to acquire an apartment by means of the right to sell the apartment directly from Nonindicted 4, an executor of the ○○○○○ Housing Association through the confirmation of Nonindicted 3; and in light of such overall circumstances, the sales right of this case transferred by the defendant cannot be deemed as a member of the ○○○○○○○ Housing Association, and in fact, it cannot be viewed as a status of purchasing the apartment unit supplied by the ○○○○○○○ Housing Association, an agent of Nonindicted 1, to have the apartment unit bought at will by means of the right to sell the apartment unit directly from Nonindicted 4, an executor, and there is no evidence supporting the facts charged of this case.

3. Conclusion

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the

Judges Go Jin-jin