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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is a person selected as an occupant of B apartment in South Korea due to the special supply of disabled persons under subparagraph C.
The above apartment complex is a public housing site created by cancelling at least 50% of the development-restricted zone of the relevant zone among the housing site in the Seoul Metropolitan Area, and the upper limit of sale price is applied, and it is not possible to resell the sale right or arrange for resale from June 14, 2016 to June 13, 2017, which can be concluded under the relevant statutes.
On May 31, 2016, when the defendant applied for the special purchase of the disabled at the model lower-house, the defendant received KRW 34 million in cash from G from the building at Namyang-si, the E-ho F Authorized brokerage office, and issued the apartment sale contract after receiving KRW 34 million in cash from G around June 14, 2016, in the event that the defendant did not have an economic ability or intent to move in the amount equivalent to KRW 400 million even after the winning of the apartment, but only the winning of the winning of the winning of the winning of the winning of the winning of the apartment.
Accordingly, the defendant reselled the above apartment C's apartment purchase right during the period of restriction on resale.
2. The following circumstances acknowledged by the records of this case, namely, ① Article 41-2(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) provides that the period of restriction on resale shall be prescribed by Presidential Decree; and Article 45-2(2) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016) provides that the initial date of the period of restriction on resale shall be “the date on which it is possible for the first time to enter into a housing supply contract,” which is prohibited from resale in the written notice of invitation of occupants of the apartment of this case, shall be “the date on which the first time to enter into a housing supply contract,” and the Defendant’s period of restriction on apartment of this case shall be from June 14, 2016 to June 14, 2017 to June 23, 2017.