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(영문) 서울중앙지방법원 2017.06.21 2016고단8029

사기등

Text

Defendants shall be punished by imprisonment for one year.

However, the above punishment against the Defendants for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B On August 7, 2015, the High Government District Court was sentenced to imprisonment with prison labor for a crime of violating the Rental Housing Act for a period of four months, and the said judgment became final and conclusive on August 18, 2015.

1. Defendants

A. Fraudulent Defendant A is an operator of the “H Authorized Brokerage Office” in Gangnam-gu Seoul Metropolitan Building G 104, and Defendant B is an employee of the said Authorized Brokerage Office.

At around February 2, 2015, the Defendants conspired and purchased the right of lease in the name of the Seoul Gangnam-gu J and 706 Dong1302, which the Defendant purchased from the Defendant A around November 2, 2014, with respect to the right of lease in the name of the Seoul J-gu Seoul J and 706dong 1302, from the victim L. “The transfer of the right of lease of public rental apartment is illegal or exceptionally permissible. As the lessee of the instant apartment, the lessee of the instant apartment is a director at a remote place, thereby complying with the terms and conditions of the lease transfer.

“The phrase “ was false.”

However, in fact, the Defendants did not verify whether K has moved to another place in another administrative district of not less than 40 km due to reasons such as work, occupation, etc., and in fact, K did not have a plan to move to another place on the ground of work, occupation, etc. at the time. Therefore, even if the victim acquired the right of lease of the apartment of this case in the name of K, he did not have the intent or ability to allow the victim to take over the right of lease of the apartment of this case normally with the approval of the transfer

In collusion, the Defendants conspired to induce the victim and concluded a lease contract with the victim for the apartment of this case, and acquired 100 million won as the down payment at the seat by receiving the check as the down payment.

B. A lessee of a rental house in violation of the Act shall not transfer the right of lease to another person or sublease the rental house to another person unless any justifiable ground, such as working, disease treatment, and occupation, occurs, and no person shall arrange for such transfer.