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(영문) 수원지방법원 2017.10.11 2017고단5365
임대주택법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

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, and treatment of disease, occurs after all the members of the household of the rental house move into the rental house, and no one shall arrange for such transfer or sublet.

1. On October 24, 2014, the Defendant concluded a lease agreement with LH Corporation and Suwon-si, Youngwon-gu, Seoul Metropolitan City, with respect to B apartment units 4014 Dong 1803, and acquired the right to lease on the said apartment units.

On May 12, 2015, the Defendant: (a) at the Housing Welfare Center for LH Corporation located in Young-gu, Young-gu, Suwon-si; and (b) from around April 2, 2015, even though the Defendant had not been employed by the Defendant to “D Co., Ltd.” located in the Dong-si, the Defendant submitted to the said LH Corporation a document for application for lease transfer along with a false certificate of employment as if he was employed in the said workplace; and (c) transferred the said apartment lease right to E.

Accordingly, the Defendant transferred the right of lease without a justifiable reason for the transfer of the right of lease.

2. On October 24, 2014, F, the Defendant’s son, concluded a lease agreement with LH Corporation and Young-gu, Suwon-si, Suwon-si, with respect to B apartment house 4002 Dong 2203, and acquired the right of lease on the said apartment.

On September 1, 2015, the Defendant: (a) at the LH Corporation Housing Welfare Center located in Young-gu, Young-gu, Suwon-si, Suwon-si; (b) even though F did not have been employed in the G in Gyeonggi-gu, the Defendant submitted to the said LH Corporation the documents of application for lease transfer along with a false certificate of employment, etc. as if he was employed in the said workplace; and (c) had F transfer the right of lease of the said apartment to I.

Accordingly, the defendant assisted the transfer of the right of lease to F in the absence of justifiable reasons for the transfer of the right of lease.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. A contract for succession to the rights and obligations of each lease contract, each public rental apartment lease contract, and each false move-in report;

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