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(영문) 대전지방법원 천안지원 2013.10.10 2012고단1775
임대주택법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has worked as an assistant to act as a real estate intermediary in C real estate in 2009.

No person shall transfer or arrange the right of lease of a rental house without consent of the rental business operator.

E Apartment 201, 805, E111, 105, etc. in the same city F are apartment complexes under the Rental Housing Act owned by the Korea Land and Housing Corporation. From October 1, 2009 to December 31, 2009, tenant's general conversion was made from October 31, 2009.

1. On March 25, 2008, the right of lease No. 111, Dong 111, 1005, was changed in the name of G around March 25, 2008, and the Defendant was requested to transfer the right of lease No. 111, Dong 105, around August 2009.

Around August 2009, the Defendant recommended H to acquire the right of lease No. 111, 1005, which the Defendant secured, from the above C immovables Office.

Since then, the Defendant entered into a contract to sell the lease right of 111 105, 100,000 won as the down payment to H on the same day, and received 10 million won as the down payment, and received 34 million won as the remainder from C real estate on September 15, 2009.

Accordingly, the Defendant arranged for the transfer of the right of lease of rental housing to H without the consent of the Korea Land and Housing Corporation as a rental business operator.

2. On August 15, 2009, after entering into a contract under paragraph (1), the Defendant: (a) entered into a contract to sell the above 201-dong 805 lease to H; (b) the Defendant acquired the said 201-dong 805 lease in his/her mother’s name to 33 million won; and (c) received KRW 10 million as the down payment; and (d) received KRW 23 million as the remainder of C Real Estate on September 15, 2009.

Accordingly, the Defendant transferred the right of lease of rental housing to H without the consent of the Korea Land and Housing Corporation, a rental business operator.

Summary of Evidence

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Complaint;

1. A loan certificate, receipt, lease contract, or certified copy of the register;

1.Each.

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