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(영문) 수원지방법원 2018.07.04 2017노7242
공공주택특별법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles and Article 49-4 of the Special Act on Public Housing is merely a provision that punishs transfer without permission, and there is no provision that punishs transfer without permission. Thus, where there exist grounds for transfer like the defendant, but other documents are submitted, it cannot be applied.

Furthermore, the Defendant merely engaged in an act of false transfer for the convenience of document work according to the direction of E (D real estate), and entered into a lease transfer contract through D real estate around October 2015, but changed due to K's circumstances, the contractual parties were changed to submit an application for transfer on January 2016. Therefore, there was no intention of false transfer.

B. The sentence of the lower court (an amount of KRW 15 million) that is unfair in sentencing is too unreasonable.

2. Determination

A. The Special Act on Public Housing provides for matters necessary for the smooth construction and effective operation of public housing for the purpose of contributing to the pleasant living of the people (Article 1). In addition, Article 49-4 of the Special Act on Public Housing prohibits the transfer and sub-lease of the right to lease of a lessee of public rental housing, and exceptionally allows the transfer and sub-lease of the right to lease of a lessee of public rental housing for the purpose of providing for matters necessary for the smooth construction and effective operation of public housing. Article 57-4 subparag. 2 of the Special Act on Public Housing permits the transfer and sub-lease of the right to lease of a lessee of public rental housing for the purpose of contributing to the pleasant living of the people (Article 49).

According to the evidence duly adopted and examined by the court below, the defendant did not have been employed in the "I" located in Mapo-si, and he did not have moved his residence to 103 Do 1310 located in Mapo-si in Mapo-si.

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