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(영문) 부산지방법원 2017.04.12 2016고정4261
주택법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or arrange for the transfer of a certificate of savings of occupants or its status in order to acquire or have others acquire the supply of housing built and supplied under the Acts of housing, and shall not receive or have others acquire the supply of certificates, status or housing built and supplied under the Acts of housing by fraudulent or other unlawful means.

Nevertheless, on October 13, 2015, the defendant is a physically disabled person of the third degree, who is a physically disabled person of the third degree, and receives a proposal from D, stating, "Is the application for the special application for the sale of the disabled in the name of the defendant in the F apartment sale office located in Busan, Busan, by using a certificate of the disabled person, etc. issued by the defendant in the name of the defendant in order to make the special application for the sale of the disabled in the name of the defendant in response to the proposal, although he does not have the intention or ability to purchase a newly constructed apartment, he shall prepare documents necessary for the special application for the sale of the disabled in the name of the defendant, and Eul shall make the application for the sale of the disabled in the name of the defendant in the F apartment sale office located in Busan, Busan, by using the disabled person certificate, etc. issued by the defendant in the name of the defendant in order for the defendant to make the sale as the actual user of the above apartment, and the defendant on the same day of the apartment.

Accordingly, in collusion with the above D and E, the Defendant received apartment sale rights in a position to be specially supplied under the Housing Act by unlawful means.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police investigation report (the letter of delegation No. 18 of the certificate, the details of special supply winning, and the details of the report of real estate transactions, attached to the details of the transaction of real estate E, and the details of the transaction of the resale price account of the suspect E)

1. Article 96 Subparag. 1 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); Articles 39(1) and 39(1) of the same Act; the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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