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(영문) 수원지방법원 2017.09.13 2017고정1695
공공주택특별법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No lessee of a public rental apartment may transfer or sublease the right of lease to any third person, unless all the members of the household of the rental house move into the rental house and the reason for the occupation, medical treatment, etc. occurs after the tenant moves into the rental house.

On December 20, 2011, the Defendant concluded a lease agreement with the Korea Land and Housing Corporation (hereinafter “LH Corporation”) (hereinafter “LH Corporation”) and Suwon-si (hereinafter “LH”), and acquired the right to lease on the said apartment.

On January 22, 2016, the Defendant operated “D real estate” at C apartment shopping districts.

According to the direction of E, etc., the Defendant submitted an application for lease transfer along with a false certificate of employment, etc. to the head of the G Center located in Suwon-si, without having employed the Defendant as “I” located in H at Supo-si. On February 18, 2016, he/she filed a false move-in report with the head of the G Center located in Supo-si, Supo-si, J 103 Dong 1310.

On March 7, 2016, the Defendant entered into a contract for succession to the rights and obligations that the assignee succeeds to all the rights and obligations regarding the right to lease of the above apartment at the above G Center and transferred the right to lease of the above apartment to K.

Accordingly, the defendant transferred the right of lease by pretending to the fact that there is no legitimate reason for the transfer of the right of lease

Summary of Evidence

1. Partial statement of the defendant;

1. A false statement for the convenience of document work in accordance with the direction of the broker, even though the defendant and his/her defense counsel transferred his/her residence to a broad city due to his/her work, etc., while a legitimate reason for the transfer of a right of lease prescribed by the Special Act on Public Housing occurs, the defendant and his/her defense counsel make a false statement for the convenience of document work in accordance with the direction of the broker, even though a legitimate reason for the transfer of a right of lease prescribed by the Special Act on Public Housing occurred by moving his/her residence to a broad city due to his/her work, etc.

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