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(영문) 수원지방법원 2017.08.31 2017고정1703

공공주택특별법위반

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

No lessee of a public rental apartment may transfer or sublease the right of lease to any third person, except where any reason, such as work, occupation, treatment of disease, etc., occurs after all the members of the household of the rental house move into the rental house, and no one shall arrange such transfer or sublet.

On July 12, 2011, the Defendant concluded a lease contract with the Korea Land and Housing Corporation and the Suwon-si, Suwon-si, Suwon-do, with respect to B apartment house B 508 Dong 1301, and acquired the right to lease on the said apartment.

On August 7, 2015, the Defendant operated “D Real Estate” at a Suwon apartment shop.

E, according to the direction of G, etc. taken over the above right of lease from F, the Defendant submitted an application for the transfer of the right of lease accompanied by proof of false employment, etc. to the head of the center for the housing welfare of LH Corporation located in Young-gu, Young-gu, Suwon-gu, Suwon-gu, Suwon-si, Seoul, despite the fact that the Defendant was employed in the “I” located in the “I” located in Goyang-gu, Seoyang-gu, Seoul, and the false move-in report was filed on December 4, 2015.

On February 29, 2016, the Defendant entered into a contract of succession to the right and duty that the transferee succeeds to the rights and obligations regarding the right of lease of the above apartment at the housing welfare center for the above LH Corporation, and transferred the right and obligation to K fraudulently in the absence of the reason for transferring the right of lease of the above apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a contract for succession to the right and duty of lease, public apartment lease contract, resident registration certificate, lease contract, false employment certificate, actual inspection of transfer of right of lease, application for approval of lease right of lease;

1. Subparagraph 2 of Article 57-4 of the Special Act on Public Housing under Article 57-4 and Article 49-4 of the same Act on criminal facts;

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.