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(영문) 수원지방법원 2017.09.08 2017고단3627
임대주택법위반
Text

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

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

Reasons

Punishment of the crime

No lessee of a public rental house may transfer or sublease the right of lease to any third person unless all members of the household have moved into a public rental house, and no one shall arrange for such transfer or sublet, except where any reason, such as work, occupation, medical treatment of a disease, etc. occurs

On July 12, 2011, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “LH Corporation”) and Suwon-si, Suwon-si, which acquired the right of lease on the said apartment.

On November 4, 2015, the Defendant operated the “D Real Estate” at the Young-gu Seoul apartment shop in Suwon-si, Suwon-si.

According to E’s instructions, the Defendant, from around August 10, 2015, was employed by F of the LH Corporation Housing Welfare Center located in Young-gu in Suwon-si, Suwon-si, Suwon-si to the “Sasan-si 280” located in the 280 Sinsan-si, Kusan-si, submitted an application for lease transfer along with a false certificate of employment. On March 14, 2016, the Defendant filed a false move-in report with B Dong 403 located in Asan-si.

On June 7, 2016, the Defendant entered into a contract of succession to the right and duty that the transferee succeeds to all the rights and obligations regarding the right to lease of the above apartment at the housing welfare center in the above LH Corporation, and transferred the right to lease of the above apartment to H.

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. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A criminal investigation report (attached to a bill of indictment for relevant cases);

1. The basic matters of the household applying for the transfer of the right of lease, the contract for succession of the right of lease, the contract for lease of public rental apartment, the resident registration related to the false move-in report, the false lease contract related to the move-in report, the false certificate of employment, the confirmation of subscription to the fourth social insurance, the details of false benefit, and the application for approval of the right of lease

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