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(영문) 수원지방법원 2017.09.14 2017고정1960
임대주택법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On October 19, 2011, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “LH Corporation”) and the Suwon-si, Young-gu, Suwon-si, which acquired the right of lease on the said apartment.

On July 17, 2015, the Defendant operated “C Real Estate” in the above B apartment commercial building.

Around April 24, 2015, even though there was no fact that the Defendant was employed by the “F” corporation G at the time of the Government on April 24, 2015, the Defendant submitted a false document of application for lease transfer along with a false certificate of employment, and made a false move-in report on November 20, 2015 with H located 402 at the time of the Government of the Gu on November 20, 2015.

On December 3, 2015, the Defendant entered into a contract for succession to the right and duty that the transferee first succeeds to all the rights and obligations regarding the right of lease of the above apartment at the Housing Welfare Center in the above LH Corporation's housing welfare center, and transferred the right of lease of the above apartment to I.

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. Contracts for succession to the rights and obligations of lease;

1. A public rental apartment lease contract;

1. Certified copy of resident registration related to false move-in report;

1. A false lease contract related to a move-in report;

1. False certificate of employment;

1. A four-party social insurance policyholder's written confirmation;

1. A false statement of benefit;

1. Photographs of transfer of leasehold rights;

1. Application of Acts and subordinate statutes to the local inspection ledger for the household applying for lease transfer;

1. Relevant legal provisions and the old rental housing law (Article 13499 of the Act on August 28, 2015 concerning private rental housing) selected from the type of crime.

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