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(영문) 수원지방법원 2017.08.31 2017고정1720
임대주택법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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, treatment of disease, etc., occurs after all the members of the household of the rental house move into the rental house, and no one shall arrange such transfer or sublet.

On December 20, 2011, the Defendant concluded a lease agreement with the Korea Land and Housing Corporation (hereinafter “LH Corporation”) (hereinafter “LH Corporation”) and the Suwon-gu, Suwon-gu, Suwon-si, Gyeonggi-do, to acquire the right to lease on the said apartment.

The Defendant, on May 11, 2015, operated “C Real Estate” at apartment shopping districts B.

In accordance with D’s instructions, although the Defendant was not employed by the head of the LH Corporation Housing Welfare Center located in Young-gu, Young-gu, Suwon-gu, Suwon-gu, Seoul Metropolitan Government as “F” located in Guro-gu, Seoul, the Defendant submitted an application for the transfer of the right of lease along with a false certificate of employment, etc. on August 10, 2015.

On August 21, 2015, 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 of lease of the above apartment at the housing welfare center in the above LH Corporation, and transferred the right of 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. Application of Acts and subordinate statutes to a contract for succession to the right and duty of lease, public apartment lease contract, resident registration certificate, lease contract, false employment certificate, actual inspection of transfer of right of lease, application for approval of lease right of lease;

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

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

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