Defendant

Freeboard (prosecution), the number of days of prosecution (public trial)

Attorney Maximum Recognition

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

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

A lessee of a rental house shall not transfer the right of lease (including all acts that cause alteration of the right, such as sale, donation, and other acts except in cases of inheritance) or may not sublease the rental house to any third person.

The Defendant, around April 2015, in Gangnam-gu Seoul ( Address 1 omitted), transferred the key of the above apartment, which was a rental house leased by the Defendant from △△△△ Corporation, to Nonindicted 1, who was close to a usual sense, used from around that time to July 2015.

In fact, the Defendant had a separate residence in Seongbuk-gu Seoul ( Address 2 omitted) and did not live in the said rental house, and through the fact-finding survey conducted by △△△△△ Construction, the Defendant did not visit the said rental house to the rental house until July 2015, which was confirmed that the third party, including Nonindicted 3, who leased the said rental house from Nonindicted 1, was living in the said rental house, and Nonindicted 3 did not know that the key of the rental house was changed.

Therefore, the defendant transferred the right of lease of rental housing to another person.

1. Partial statement of the defendant;

1. Part of the police interrogation protocol of the defendant

1. The police statement of Nonindicted 4

1. Part of the written statement by the police against Nonindicted 3 and Nonindicted 1

1. Written accusation (including attached photographs);

【The evidence reveals that Nonindicted 3 resided in the instant rental house and went to a director around June 12, 2015, and on July 17, 2015, the fact that Nonindicted 3 resided in the instant rental house and resided in the leased house director on or after July 14, 2015, the Defendant was unaware of his/her residence in the rental house or the director, and Nonindicted 3 was changing the locking system of the rental house at his/her discretion without notifying the Defendant. In light of such circumstances and the size of the Article at the time, it can be sufficiently recognized that the Defendant transferred the right to lease of the rental house to another person with or without compensation.

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 41(4)5 and 19 (Selection of Fine) of the former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Shin Jae-hwan

1) Current penal provision: Article 57-4 subparagraph 2 of the Special Act on Public Housing