Defendants are not guilty.

1. On October 9, 2015, Defendant A sublet the aforementioned D 116 dong 1501 (hereinafter “the instant rental housing”) to F, which is a rental house he/she rents, at a real estate E office in the D real estate office in Yangju-si, Yangju-si.

Defendant

B, like Defendant A, leased the above D 103 1103 dong 1103, which is a rental house, and A introduced the sub-lease of the instant rental house as above and arranged the sub-lease.

2. Determination:

A. According to the evidence duly admitted and examined by the court, G Co., Ltd., the owner of the instant rental housing, can be acknowledged that the Defendant A, the lessee of May 26, 2008, notified the termination of the instant rental housing contract on the grounds of overdue rent. Accordingly, upon the notice of termination, the said lease was lawfully terminated on May 26, 2008, and around that time, Defendant A lost the status of the lessee of the instant rental housing.

(b) For the purpose of Article 19 of the former Rental Housing Act (Act No. 13328, hereinafter the same shall apply), a lessee of a rental house shall not transfer the right of lease to another person or sublease the rental house to another person;

The following provisions are applicable to a person who transfers the right of lease of a rental house or sub-leases the rental house in violation of this, and a person who mediates this in accordance with Article 41(4)(5).

In light of the purport and structure of the above legal provision as well as the language and structure thereof, and the interpretation of penal law should be strict, and it is not allowed to expand or analogically interpret the meaning of the provision disadvantageous to the defendant in the direction unfavorable to the defendant, even if a person, other than a lessee of a rental house subleases a rental house to another person, it cannot be punished pursuant to Articles 41(4)5 and 19 of the above Act.

In light of the above legal principles, as recognized earlier, Defendant A, who is not a lessee, is not a lessee, the instant rental house.