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(영문) 수원지방법원 2020.06.17 2020고단2065
공공주택특별법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In Suwon-si, the apartment house B is sold to the Korea Land and Housing Corporation (hereinafter referred to as the "LH Corporation") for 10-year public rental housing units, and the deposit and monthly income are paid to LH for 10 years in the capacity of the buyer, and is residing as the lessee.

On November 14, 2011, the defendant acquired the right to lease the above apartment upon entering into a lease agreement with the above LH Corporation and the above apartment C.

A lessee of a public rental housing unit shall not transfer (including sale, donation, or all other acts accompanied by the change of a right) the right of lease to another person or sublet the public rental housing unit to another person, except where all the members of the lessee's household have moved into the rental housing unit and is prescribed by Presidential Decree, such as work, occupation, treatment of disease, etc. after obtaining the consent of the public rental housing

Nevertheless, around 2014, the Defendant entered into a sub-lease contract that allows D and the above apartment part to be paid monthly rent of KRW 700,000 as a substitute for LH Corporation and that members of D and their household reside in the above apartment from around 2014 to October 2019.

Accordingly, the defendant sublets the right to lease the above public rental housing.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (in the form of an accusation);

1. Application of the written accusation and evidential materials related to the violation;

1. Article 57-4 Subparag. 2 and Article 49-4 of the former Special Act on Public Housing (Amended by Act No. 16488, Aug. 20, 2019); the selection of fines for criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are primary offenders who have no record of criminal punishment, illegal period of sublease, and other ages, occupations, character and conduct, family relations, and crimes of the defendant.

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