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(영문) 수원지방법원 2014.11.19 2014고단1044
임대주택법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A lessee of a rental house violating the Rental Housing Act may not sublease the rental house at his discretion; and

Nevertheless, the Defendant concluded a sub-lease contract with G at the F Licensed Real Estate Agent Office located in E around June 2009, with respect to D Rental Apartment 774 00,000, which was leased under his/her own name of his/her father C, and received KRW 90 million on or around the 23th day of the same month.

Accordingly, the Defendant, in collusion with C, subleted the rental apartment.

2. Around May 23, 2011, at the home of D Rental Apartment Victim H (C) (the wife of the above G) as indicated in paragraph (1), the Defendant concluded a false statement that “If the Defendant lends the above rental apartment loan interest of KRW 28 million to the victim, he/she would be entitled to transfer the above rental apartment in another person’s name within one month, after being transferred the above rental apartment in another person’s name, and then receive the deposit from the new revenue, and return all the existing deposit and the above borrowed money at once. (The lessor of the leased apartment is a fluent relationship with the first side of the first and the first half of the lease apartment, he/she would be entitled to transfer the

However, the Defendant, like Paragraph 1, was subject to notification of the termination of the lease contract on the ground that he was constantly subject to the notification of the termination of the lease contract, was not able to transfer the registration of the rental apartment, and was not able to pay the loan interest and interest of the above rental apartment at all, so there was no intention or ability to pay the loan even if

Ultimately, the Defendant, as seen above, was accused of the victim and was given KRW 28 million from the victim’s next day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Application of Acts and subordinate statutes to each notarial deed, real estate lease contract, and sales contract copy;

1. Article 41 Subparag. 4 of the former Rental Housing Act (Amended by Act No. 10463, Mar. 9, 201); Article 30 of the Criminal Act (Unauthorized sub-lease of Rental Housing without Permission) and Article 347(1) of the Criminal Act (Fraud) concerning criminal facts;

1. The Criminal Act among concurrent crimes.

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