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(영문) 서울중앙지방법원 2017.07.07 2017고정1226
주택법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No status of being selected as an occupant of a house built and supplied by a project undertaker (referring to the status of being selected as a occupant and entitled to occupy the house, etc.) and the status of being selected as an occupant of a house eligible for parcelling-out shall resell the status or arrange for resale until the period prescribed by Presidential Decree expires.

The "E apartment" located in the "D" located in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "E apartment of this case") shall be the upper applicable housing for sale, and the order of subscription was received on July 10, 2014, and the apartment supply contract was concluded by the 29th day of the same month following the announcement of the winner on July 24, 201, and therefore, the apartment supply contract was concluded by the 29th day of the same month, the apartment supply contract shall not be resold until July 29, 2015, one year after the termination date of the apartment supply contract.

1. On July 2014, Defendant A reselled the status of being selected as occupant prior to the lapse of the prescribed period, where Defendant A received the right to sell the above apartment unit No. 206-dong 601, which was derived from the Defendant’s name on July 24, 2014, from “G church” located in “G church located in the area F of the branch of Sungnam-si, Sungnam-si, and sold it after receiving KRW 60 million from H.

2. On July 2014, Defendant B, in the vicinity of the instant apartment model lower court, sold the status of being selected as occupant prior to the lapse of a given period, after receiving and selling the right to sell the said apartment unit 205 Dong 601, which was derived from the Defendant’s name on July 24, 2014, to I, KRW 45 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each internal investigation report (related to the request for investigation by the local government, the information on subscription of the person subject to response to financial settlement, and the account used by the E company);

1. Application of Acts and subordinate statutes to each investigation report (specific households for illegal resale subject to investigation, such as account analysis, verification of applicable houses for sale, evidence relationship by suspect, and evaluation of marginal profits from resale);

1. Article 96 Subparag. 2 of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) regarding criminal facts and the former Housing Act’s choice of punishment.

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