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(영문) 서울중앙지방법원 2018.01.11 2017고단7678
주택법위반등
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court on August 14, 2014, and three years of suspended execution, and on May 8, 2015, Defendant A is a certified intermediary. Defendant B is a person who was sentenced to imprisonment for one year at the Seoul Central District Court on April 12, 2017 and was sentenced to two years of suspended execution and is engaged in labor for whom the said judgment became final and conclusive on June 30, 2017.

1. Defendant A

(a) The status of being selected as the occupant of housing subject to the upper limit of sale price as the housing constructed and supplied by a project undertaker violating the Act or the status of being selected as the occupant of housing subject to the upper limit of sale price shall not be resold or arranged until a period prescribed by Presidential Decree elapses;

The apartment housing of Gangnam-gu Seoul Metropolitan Government 605 Dong 604, which is an apartment building with the upper limit of sale in lots, was issued with the public announcement of sale in lots on October 1, 2014, the receipt of multi-child special subscription to the sale in lots on October 7, 2014, the special winner announcement on October 21, 2014, the special winner announcement on December 23, 2014, and the apartment supply contract was concluded under D on December 23, 2014, so it is prohibited from resale for four years from the date the first housing supply contract can be concluded ( December 22, 2014), and it is impossible to resell the sale in lots until December 23, 2017.

Nevertheless, on April 1, 2015, the Defendant arranged to sell the above apartment units of 605-dong 604 to G in 252,640,000 won at the F Authorized Broker's Office located in Gangnam-gu Seoul Metropolitan Government E, and as a result, D applied for parcelling-out, at the F Authorized Broker's Office located in Gangnam-gu, Seoul.

(b) No certified judicial broker, etc. for commencement of an authorized judicial breach shall receive money and valuables in excess of the remuneration or actual expenses under the authorized judicial intermediary under any pretext, such as case, donation, etc.

On April 1, 2015, at the F Authorized Brokerage Office located in Gangnam-gu Seoul Metropolitan Government E, the Defendant issued an application for parcelling-out at the F Authorized Brokerage Office, KRW 81,922,00, KRW 718,000, KRW 170,000, KRW 170,000,000.

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