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(영문) 부산지방법원 2017.11.08 2017고정1572
임대주택법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The Defendant, a public rental house, was leased from the Busan Urban Corporation, and the lessee of the public rental house cannot transfer or sublet the right of lease to another person. Nevertheless, the Defendant sublets part of the above C Apartment, a public rental house leased under the name of the Defendant from the Busan Urban Corporation on November 19, 2015, which is a public rental house leased under the name of the Defendant from the Busan Urban Corporation, to D on July 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Police investigation report (a statement by a witness D phone and a statement by a public official in charge of welfare);

1. Submission of an accusation for illegal sublease of public rental housing;

1. Application of a copy of real estate register, or a copy of real estate lease agreement;

1. Article 41(4)5 and Article 19 of the former Rental Housing Act (amended by Act No. 13499, Aug. 28, 2015); the selection of a fine, and the selection of a fine, for criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment shall be mitigated than the summary order by comprehensively taking into account the following circumstances: (a) the reason for sentencing of the instant case under Article 334(1) of the Criminal Procedure Act; (b) the background leading up to the instant crime; (c) the Defendant’s economic condition is difficult; and (d) the Defendant’s age, sex, environment; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime.

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