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(영문) 인천지방법원 2018.08.09 2017고단8528
주택법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

Defendant

C. A person shall be punished by imprisonment for not more than four months.

Reasons

Punishment of the crime

1. No person who commits a joint crime by the Defendants shall receive or have others receive a supply of any deed, status or housing constructed and supplied pursuant to the Housing Act by deceit or other fraudulent means;

Defendant

A and Defendant B, with regard to the fact that the special sale of disabled persons to be sold to the disabled persons is higher than that of the general sale in lots, by inviting documents necessary for the special sale in the name of the disabled persons who have no intent or ability to be supplied with the actual apartment, and if the winning results are applied for special sale in the name of the disabled persons, they shall resell the right of sale in lots and divide them into half of the proceeds from the resale. Defendant A, either directly or through Defendant C, who has received instructions from the disabled persons, provided documents necessary for the application for sale in lots and delivered them to Defendant B, and Defendant B, using the documents delivered as above, intended to play the role of resale when the winning results in the application for sale in lots by using the documents delivered as above.

From July 11, 2016 to October 22, 2016, Defendants received H’s disabled certificate, seal impression certificate, family relation certificate, transcript of resident registration certificate, copy of resident registration certificate, etc. from the husband of the disabled H. On July 11, 2016, Defendants conspired to supply the following methods: (a) around July 12, 2016, the Defendants acquired the right to sell the apartment by obtaining the right to sell the apartment under the name of H; (b) around July 13, 2016, after filing an application for special supply of the disabled under the name of H; and (c) around July 13, 2016, the Defendants acquired the right to sell the apartment by obtaining the right to sell the apartment from May 19, 2016 to October 22, 2016; (d) the Defendants supplied the apartment building by means of the following methods: (e.g., attached Table I No. 6, 12,13,14,216 or 25.

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