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(영문) 수원지방법원 2013.07.05 2013고단1974 (1)

주택법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates a real estate brokerage office under the trade name of “D real estate” in Mosung City.

No one shall transfer or acquire the passbook of subscription savings which is the certificate of occupants' savings to be supplied or to be supplied with national housing, etc., and no lessee of a rental house shall transfer or sublease the right of lease unless he/she obtains the consent of the rental business operator due to extenuating circumstances, such as work, disease treatment, livelihood, etc. after all the lessees and members of the household move in.

Around July 8, 2012, the Defendant and E, in violation of the Rental Housing Act, requested H to transfer the right of lease of 836 dong 802 (LesseeJ) to another person, a public rental apartment operated by the Gyeonggi-do City Corporation, which is a rental business operator, at the office of "G real estate office" of the F apartment 102, the Defendant and E, the Defendant and E, of the violation of the Rental Housing Act. Although J is well aware of the fact that he did not move into the above apartment and did not have any justifiable reason for transfer, the Defendant introduced K to H, and arranged K to enter into a contract of succession of rights and duties with the purport that the transferor and the transferee transfer and acquire the right of lease of the above apartment around January 7, 2013.

After that, Defendant A received one million won from H and 1.5 million won from K as fees, respectively.

Accordingly, the defendant and E arranged the transfer of the right of lease of public rental housing even though there is no justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement to K;

1. Article 41(3)5 and Article 19 of the former Rental Housing Act (amended by Act No. 11587, Dec. 18, 2012); Article 30 of the Criminal Act concerning criminal facts; the selection of fines

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

1. The degree of the defendant's participation in the sentencing of Article 334(1) of the Criminal Procedure Act, the benefit of acquiring the provisional payment order.