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(영문) 광주지방법원 순천지원 2017.01.23 2016고정469

공공주택특별법위반

Text

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

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

Reasons

Punishment of the crime

No lessee of a public rental house may sublease a public rental house to any third person.

Nevertheless, the Defendant entered into a sublease contract with C and security deposit of KRW 12 million and monthly rent of KRW 200,000 with respect to “Ycheon-si B Apartment 102 Dong 904, 200,000,” a public rental house leased by the Defendant from the Korea Land and Housing Corporation, at a place where it is not known to the Seochoman on November 201, and had C reside in the said house from around December 201 to February 2016.

Accordingly, the defendant sublets public rental housing to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on a real estate lease agreement and a lease agreement;

1. Article 57-4 subparagraph 2 of the relevant Act and the main sentence of Article 49-4 of the Special Act on Public Housing Eligible for Punishment for Crimes (Selection of Penalty Surcharges)

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

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