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(영문) 수원지방법원 2013.04.10 2012고정3708
임대주택법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

Since 2002, the Defendant is a person who is engaged in the real estate brokerage business, and B is a lessee who has concluded a lease contract with the Gyeonggi-do Si Construction Project, which is a rental business operator.

A lessee of a public rental apartment shall be prohibited from transferring the right of lease to any other person, and no one shall arrange the transfer of the right of lease, except where he/she has obtained the consent of the rental business operator on the ground that all the members of the household of the rental house have moved into the rental house and that he/she moves to another Si/Gun/Gu that is currently residing in the current Si/Gun/Gu due to work, occupation, treatment of diseases, etc.

On April 2009, the Defendant received KRW 14 million, such as a premium, and received KRW 14 million from D C807 Dong 1302 (Lessee B). At around that time, the Defendant arranged for the transfer of the right of lease by receiving KRW 19 million from a real estate broker E to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's interrogation protocol concerning E and B;

1. Each transaction statement in the accounts of Nonghyup A and the National Bank;

1. Application of Acts and subordinate statutes to investigation reports (C 807, 1302, 1302, attached to the leaseer B, a certified copy of the register, etc.);

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

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

1. The Defendant’s crime of this case with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is that it damages the foundation of the rental housing system to stabilize the residential life of the people through the rental housing business, and the nature of the crime is not easy, and the Defendant’s actual profit acquired through the instant crime, and the circumstances leading to the occurrence of the instant crime, etc. are comprehensively considered.

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