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(영문) 수원지방법원 2013.08.29 2013고정1705
임대주택법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, after having actually moved in a rental apartment, is prohibited from transferring the right of lease to any third party unless justifiable grounds, such as “work, disease treatment, and occupation,” etc., have been well known that no one shall arrange for the transfer of the right of lease. However, around July 2009, the Defendant was in possession of documents to transfer the right of lease to the real estate broker B with a premium of KRW 62 million and a public rental apartment of KRW 807 Dong 1202, which is a public rental apartment. However, even though he was well aware that there was no justifiable reason to transfer the above apartment, the Defendant had D receive premium of KRW 62 million and arrange for the transfer of the right of lease from E, the first lessee of the above apartment, by allowing D to acquire the right of lease from E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the accused, B, or F;

1. A copy of the statement of the police officer in G, and a copy of G account book 807 Dong 1202;

1. B and each new bank account statement by the defendant;

1. Application of Acts and subordinate statutes of investigation report [Attachment of a contract for lease of 807 Dong 1202 (Lease E] and a copy of the application document for change of title], contract for lease of 807 Dong 1202, and document for change of title;

1. Article 41 Subparag. 4 and Article 19 of the former Rental Housing Act (amended by Act No. 10463, Mar. 9, 201) regarding criminal facts, the selection of a fine, and the selection of a fine.

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

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

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