beta
(영문) 수원지방법원 2021.03.18 2019고정1809

공공주택특별법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 2, 2009, the Defendant is a lessee who entered into a housing lease agreement with the Korea Land and Housing Corporation, which is a public housing project operator, with respect to public rental housing B apartment house C.

A lessee of a public rental house shall not transfer the right of lease to another person or sublease the public rental house to another person, except where he/she has obtained the consent of the public housing project operator in cases prescribed by Presidential Decree, such as his/

Nevertheless, the defendant, as the above public rental housing was unfasible due to work on a daily basis, was recruited to sublet D and the above public rental housing to others without the consent of the Korea Land Housing Corporation.

D, on November 18, 2015, on the condition that real estate brokers pay monthly rent to E, after reviewing the persons to sublet the above house and requesting E to act as a broker for sub-lease contract with F.

Accordingly, the Defendant conspiredd with D to sublet the above public rental housing to F from November 15, 2015 to May 2, 2019 without the consent of the Korea Land and Housing Corporation.

Summary of Evidence

1. Each legal statement of E, F and G;

1. The respective legal statements of the defendant and D

1. Application of Acts and subordinate statutes to a lease contract, a certificate of residence of a third party in a rental house, a receipt and a real estate lease contract, a contract for succession to rights and duties in an inheritance, and family relation certificate;

1. Relevant legal provisions and Articles 57-4 subparagraph 2 and 49-4 of the former Special Act on Public Housing (amended by Act No. 16488, Aug. 20, 2019; hereinafter the same shall apply) on facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel’s assertion regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order shall claim that the Defendant did not sublease the public rental housing to F, and that there was no fact that the Defendant conspired to sublease D and public rental housing without permission.

. Dominant.