The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The gist of the grounds for appeal is that the defendant did not sell to E rights to the apartment of this case (D 513 Doo 1503 Doo-si).

2. Determination

A. The Defendant is a person without merit who leased a rental apartment in the Korea Land and Housing Corporation.

No one shall transfer the right of lease (including sale, donation, and all other acts that cause changes in the right, but excluding inheritance) or sublet a rental house to any third person.

Nevertheless, on July 30, 2008, the Defendant sold E the right of lease of the said rental housing from the land in disuse around March 201, notwithstanding the fact that, as a contractor who entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “LH Corporation”) (LH) on the lease apartment (D 513 Dong 1503), the Defendant could not transfer the right of lease of the rental housing.

B. The lower court found the Defendant guilty of the instant facts charged on the basis of F’s statement in the lower court, each police interrogation protocol against C, G, H, and I, each notarial deed copy, commitment, standard lease contract, real estate lease contract, and apartment monthly rent contract.

C. However, the judgment of the court below is not acceptable for the following reasons.

(1) First, according to the evidence duly admitted and examined by the lower court and the trial court, the following facts can be acknowledged.

① On July 30, 2008, the Defendant entered into a lease agreement with LH Corporation and lease deposit amounting to KRW 52 million, monthly rent of KRW 385,00, and the scheduled date of occupancy of the instant apartment that was sold in lots by the Korea National Housing Corporation (former LH Corporation) on November 30, 209.

② At around 2009, F heard that “O” was “O” (the Defendant is P) and “A lessee is not actually occupying the instant apartment, but can change the name within one year even if another person was transferred to another.”