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(영문) 대전지방법원 2019.09.26 2019고정734

공공주택특별법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A lessee of public rental housing for public rental housing for which the mandatory rental period is five years, shall not transfer (including sale, donation, and all other acts accompanied by changes in rights) the right of the lease to another person or sublet the public rental housing to another person, except where the distance between the present and the present place of residence is at least 40k and the new place of residence is transferred to a Si/Gun/Gu and the public rental housing business operator's consent is obtained after all the members of the household of the lessee have moved into the rental housing for the purpose of working, living, treatment of diseases, etc.

Nevertheless, around February 7, 2018, the Defendant arranged that D, the lessee of the above apartment complex, in the convenience store in the above apartment complex, transfer the right to lease of the apartment complex to E on the condition that E pay rent for five years, and management expenses, by adding the right to lease of the apartment complex to KRW 109,660,000.

Summary of Evidence

1. Defendant's legal statement;

1. Report (A);

1. Written charge, accusation and charge of violating the Housing Act;

1. Investigation report (report on confirmation of details of operation of the EFcar PP and certificate of Internet banking transfer);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Selection of a fine, under subparagraph 2 of Article 57-4 and Article 49-4 of the Special Act on Public Housing for Criminal Facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;