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(영문) 서울중앙지방법원 2018.08.17 2017노3933
주택법위반
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

The summary of the grounds for appeal does not have arranged C and D to sell the right to sell in lots to G.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, namely, ① the Defendant acknowledged the facts charged on the first trial date and the third trial date of the lower court; ② the Defendant linked the Defendant to the investigative agency to resell the sales right derived from G introduced by H around June 16, 2015 (Evidence 1: 219 page of evidence record), and that G and H purchase the sales right (Evidence 1: 219 page of evidence record).

On the other hand, contact with D was made to enter the model house site, and D, upon arrival at the site, D, H, and G set the resale price at KRW 62 million, and G transferred to D’s account, and the Defendant went to the Defendant’s office.

The statement (Evidence No. 1, No. 220 pages), ③ the Defendant introduced the resale of apartment winning tickets at the investigative agency, and received 2 million won from D (Evidence No. 2, No. 138, No. 220 pages of evidence), and was aware that it was illegal to resell the winning apartment selling tickets.

The statement (Evidence No. 2, No. 138 pages), 4 also D was modeled to sell the right to parcel out in contact with the defendant at the court of the trial, and paid KRW 2,00,000 to the defendant in terms of introduction or acceptance expenses.

In full view of the stated points (7 pages of the record of the examination of the above witness), the defendant assisted the resale of the right to sell as stated in the facts charged.

The defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and it is so decided as per Disposition by applying Articles 191 (1) and 190 (1) of the Criminal Procedure Act on the burden of litigation costs at the trial (the "1. The defendant's legal statement" out of the summary of evidence of the judgment below is "1. The defendant's legal statement (the 1.3.).

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