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(영문) 수원지방법원 2017.10.12 2017고정2166
공공주택특별법위반
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

A lessee of a public rental house shall not transfer or sublease the right of lease to another person, except where all the members of the household of the lessee of a rental house have moved into the rental house and have obtained the consent of the public housing business operator due to reasons such as work, occupation, treatment

1. On August 23, 2011, Defendant B concluded a lease agreement with the Korea Land and Housing Corporation (hereinafter “LH Corporation”) and with respect to D apartment units located in the Suwon-si, Suwon-si, Suwon-si, and acquired the right to lease on the said apartment units.

On July 2014, the Defendant transferred the right to lease of the above apartment to G in total at KRW 45 million without obtaining consent from LH construction from the F real estate located in G in the Suwon-si Suwon-si E, and around August of the same year, G and its family members moved into the above apartment.

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

2. On August 23, 2011, Defendant A concluded a lease agreement with the Korea Land and Housing Corporation (hereinafter “LH Corporation”) and with respect to D apartment units located in the Suwon-si, Suwon-si, Suwon-si, and acquired the right to lease on the said apartment units.

On December 2, 2013, the Defendant transferred the right to lease of the said apartment to I in a total of KRW 20 million without obtaining consent from LH from the restaurant in the Young-si, Suwon-si, Suwon-si, and on January 5, 2014, J, his/her father, his/her father, has occupied the said apartment.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to K, I, and J;

1. Documents providing 6201-102 B LH control;

1. Documents providing 6202-1702 A LH control;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 41(4)5 and 19 of the former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015; Act No. 13499, “Special Act on Private Rental Housing”) regarding criminal facts and the selection of fines, respectively.

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