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(영문) 울산지방법원 2017.04.13 2017고정113
주택법위반등
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

On October 2015, the Defendant, in collusion with B (Fuman C) on October 2015, intended to resell by receiving the winning of the apartment sale right after the move-in report of the deceased.

1. On October 29, 2015, the Defendant violated the Resident Registration Act: (a) delivered his/her certificate of official seal and certificate of seal impression to B; and (b) visited B via the Internet at an infinite place on the same day, and thereafter, the Defendant did not change his/her residence to “Ulsan Jung-gu D and 201,” and (c) made a move-in report as if he/she moved his/her residence to the said place of residence.

Accordingly, the defendant reported false facts in collusion with B on resident registration.

2. No person who violates the Act on Housing shall transfer or acquire by transfer, or arrange for the transfer or acquisition of a certificate of savings of occupants, etc. to acquire or have others acquire the housing constructed and supplied pursuant to the Act on Housing, or shall receive or have others acquire the supply of, or have others acquire the supply of, a certificate of savings of occupants, etc. constructed and supplied pursuant to

Nevertheless, the Defendant conspired with B on October 29, 2015, and the said move-in report was made by the Defendant, and B around that time, as if the Defendant were to reside in “Ulsan Jung-gu D and 201,” the Defendant applied for the sale of E apartment units and received the winning in the name of the Defendant around November 12, 2015.

Accordingly, the Defendant, in collusion with B, received a deed, status or housing constructed and supplied under the Housing Act by false or other unlawful means.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect by the police officers in charge of the F and G;

1. Application of Acts and subordinate statutes to a copy of investigation report (including each accompanying document) (including suspect G, disguised transfer of applicants for the FE and report on verification of illegal sale);

1. Relevant legal provisions and the former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016) regarding criminal facts.

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