logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.01 2018고정1010
공공주택특별법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A lessee of a public rental house shall not sublease a public rental house to any third person without the consent of the public housing business operator.

Nevertheless, on February 1, 2017, the Defendant leased the Gangnam-gu Seoul Special Metropolitan City C710 Dong 406 (hereinafter “instant public rental housing”) a public rental housing from the Korea Land Housing Corporation, a public housing business operator, and sublet D to his/her residence in the instant public rental housing without the consent of the Korea Land Housing Corporation (hereinafter “instant public rental housing”).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and D;

1. Each police statement made with respect to E and D;

1. The Defendant succeeds to all of the rights and obligations under the relevant lease agreement between the Korea Land and Housing Corporation and F on February 1, 2017, as the former lessee of the instant public rental housing.

“A contract was entered into, and at the time, the relevant contract was written by the Defendant as the lessee, and the Defendant directly visited the relevant place at the time of entering into the said contract and participated in the preparation of the contract as the party to the contract, and thereafter actually resided in the instant public rental housing under the said contract. As such, the Defendant, as a statutory lessee of the instant public rental housing, bears the duty to restrict the sublease of public rental housing stipulated in Article 49-4 of the Special Act on Public Housing as a lessee of the instant

Application of Statutes

1. Article 57-4 subparagraph 2 of the relevant Act and Articles 49-4 and 49-4 of the Special Act on Public Housing for the Selection of Crimes and for the Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

arrow