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(영문) 대전지방법원 공주지원 2015.01.30 2014고정67
임대주택법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a private rental business operator.

A rental business operator of constructed rental housing shall take out a guarantee for rental deposit.

On August 8, 2012, the Defendant purchased rental housing Nos. 804 and 1004 in 70 million won from a rental business operator who is a ELDC Co., Ltd., and registered transfer of ownership on August 23, 2012.

In addition, on November 24, 2012, a lessee who entered into a lease contract for rental housing No. 1004 on November 24, 2012 did not purchase a guarantee insurance for 55 million won for the lessee's rental deposit, and the lessee who entered into a lease contract for rental housing No. 804 on April 7, 2013 did not purchase a guarantee insurance for 55 million won for the lessee's rental deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. Rental business operator registration certificate;

1. Lease contract (No. 1004); and

1. Full certificate of the registered matters;

1. Each contract for sale in lots;

1. Each civil petition meeting, the case of underwriting of obligations of the National Housing Fund and substitute loan, reply to inquiries, reply to requests for the performance of the obligations of the rental business operator for public viewing, reply to inquiries regarding subscription to security deposit, reply to inquiries on subscription to the obligations of the rental business operator of public apartment housing, copy of the Korea Housing Guarantee, copy of the SGI Seoul Guarantee, and reply from the national bank;

1. Copy of the decision not to prosecute the public prosecutor's office in Daejeon District Public Prosecutor's Office;

1. Application of Acts and subordinate statutes to report on investigation (Search for Investigation-Seoul Guarantee Insurance);

1. Article 41(2) and the main text of Article 17(1) of the Rental Housing Act (i.e., continuous crime, each house); Article 17(1) of the Rental Housing Act provides that “a rental business operator of a constructed rental house prescribed by Presidential Decree is obligated to purchase a guarantee for rental deposit.” Article 14(1) of the Enforcement Decree of the same Act provides that a person subject to the obligation to purchase a guarantee for rental deposit shall be “a rental business operator of a public constructed rental house.”

The contents of these regulations and July 13, 2005.

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