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수원지방법원 2013.04.10 2013고정140
임대주택법위반
Text

Defendant

A A Fine of 17,00,000 won, Defendant B of 10,000,000 won, and Defendant C of 3,000,000 won, respectively.

Reasons

Punishment of the crime

D은 2007. 12. 18.경 화성시 E에 있는 공공임대아파트인 F 아파트 505동 204호에 대하여 임대사업자인 한국토지주택공사와 임대차계약을 체결한 사람이고, G, 피고인 B는 부동산 중개업자로 속칭 ‘떴다방’ 업자이며, 피고인 A, C 및 H은 부동산 중개업자이다.

D around July 2009, Defendant A entered into a lease agreement as above, by receiving a premium of KRW 12,300,000,000, such as a deposit passbook for rental housing, a written waiver of right, and a power of attorney.

Defendant

A around July 2009, around G and Defendant B claimed a purchaser for the above 505 204 dong 505 dong 204 and requested the resale of the right of lease. G and Defendant B requested Defendant C to find the purchaser for the above apartment.

Defendant

C around May 31, 2010, after receiving a total of KRW 128,500,000 from K, which was introduced by H in the J’s real estate of the operation of H in Sungsung City, and transferred all the documents necessary for the above lease agreement.

Defendant

A arranged to transfer the above right of lease to another person in return for receiving KRW 50 million, KRW 13 million in Defendant B and G, KRW 2 million in Defendant C, and KRW 1 million in exchange for receiving KRW 1 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of the suspect of the defendant A, B, and G by the prosecution;

1. The police statement of K;

1. Application of the Acts and subordinate statutes on the details of passbook transactions and details thereof;

1. Article 41 Subparag. 4 and Article 19 of the former Rental Housing Act (amended by Act No. 10463, Mar. 9, 201); Articles 41 Subparag. 4 and 19 of the former Rental Housing Act (amended by Act No. 10463, Mar. 9, 201); Articles 41 Subparag. 4 and 19 of the former Rental Housing Act (amended by Act No. 10463, Mar. 9, 201); Article 30 of the Criminal Act; the selection of fines

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The Defendants’ instant crime committed on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, each of the instant orders for provisional payment, is a citizen through a rental housing business.

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