Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
A lessee of a public rental house shall not transfer (including sale, donation, and all other acts due to changes in rights) the right of lease to another person or sublet public rental housing to another person, except where the distance between the present and the newly relocated residence is at least 40 km due to work, occupation, treatment of disease, etc. after all the members of the lessee's household have moved into the rental house and the consent of the public housing project operator is obtained, and shall not arrange for such transfer.
On August 2012, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation and the Suwon-gu Seoul Metropolitan Government 2101 Dong 1903, which is a public rental house, and acquired the right to lease on the said apartment.
On June 3, 2013, the Defendant entered into a contract with E to sell the right to lease of the above apartment to G through the introduction of E, and received the “30 million won” from the public prosecutor in charge of the KRW 10 million under the pretext of a premium.
However, the foregoing amendment is made as above.
(2) was paid by the Corporation.
Accordingly, the Defendant transferred the right of lease of the above public rental housing.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to the police interrogation protocol concerning E;
1. Although the pertinent legal provisions and Article 41(3) of the former Rental Housing Act (amended by Act No. 11587, Dec. 18, 2012) on criminal facts stated “Article 41(3)” as “Article 41(3) of the former Rental Housing Act, it is clear that it is a clerical error in the “Article 3”. As such, it is revised.
Sub-paragraph 5 and Article 19 (Selection of Penalty)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. While the reason for sentencing of Article 334(1) of the Criminal Procedure Act appears to have received not only KRW 30 million but also KRW 10 million under the name of a premium, considering such fact, the right to lease on public rental housing shall be transferred.