beta
(영문) 수원지방법원 2017.09.07 2017고정1716

임대주택법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A lessee of a public rental apartment shall not transfer or sublease the right of lease to another person, except in cases where he/she has obtained the consent (approval) of the rental business operator on the ground that all the members of the household of the lessee of the rental house move into the rental house and move his/her residence to another Si/Gun/Gu other than the administrative district of the Si/Gun/Gu or Gu for the reason of occupational disease treatment, etc., as prescribed by the Enforcement Decree of the Rental Housing Act.

On April 19, 2012, the Defendant was in a non-explosive state below Suwon-si.

LH had acquired the right of lease by concluding a lease contract with the 1501 Dong-dong 1003, Suwon-si, Suwon-si, Gyeonggi-do.

The Defendant, without the approval of LH construction, operated “D real estate” in the above C apartment complex 15 commercial buildings around February 2015.

E subleases the right of lease on the monthly deposit of 30 million won on the condition that 400,000 won.

Accordingly, the defendant sublets the right of lease without the approval of LH construction.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Investigation report (report on the current status of sub-leases illegally transferred under E-related lease) and application of statutes attached thereto;

1. Article 41(4)5 and Article 19 of the former Rental Housing Act (amended by Act No. 13499, Aug. 28, 2015) concerning criminal facts and the former Rental Housing Act (amended by Act No. 13499, Aug. 28, 2015).

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.