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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a housing rental business operator who owns a house of 1531 in the building B at the time of public housing, and the house is constructed with the support from the National Housing Fund under the Housing Act.
No rental business operator for housing shall establish security rights, such as mortgage or provisional registration, prior to the conversion for sale in lots, for rental housing constructed by a housing construction project under the Housing Act.
Nevertheless, on February 27, 2014, the Defendant established the right to collateral security of KRW 43,200,000,000 for the new bank, a maximum debt amount.
Summary of Evidence
1. Part of the Defendant’s statement in court (the part of the Defendant’s statement that “the facts are in contact”)
1. Police suspect interrogation protocol of the accused;
1. A written statement prepared in C;
1. The term "rental business operator" in Article 18 (1) of the Rental Housing Act shall not engage in any of the following acts, before conversion for sale in lots, for rental housing constructed by a housing construction project implemented with approval for a business plan under Article 16 (1) of the Housing Act:
Provided, That where lessees consent or other cases prescribed by Presidential Decree, such acts may be performed.
"The act of establishing security rights such as mortgage or provisional registration security" is stipulated in subparagraph 1 of each subparagraph.
Pursuant to the proviso of Article 18(1) of the Rental Housing Act, the Defendant asserts that the agreement on the establishment of the existing right to collateral security may not be punished because the agreement is obtained from the lessee when entering into a lease agreement.
However, the meaning of the above provision is the residential environment of the lessee from auction, etc. conducted by the mortgagee's application according to the purpose of the rental housing system until the conversion of rental housing into sale is made.