‘Tongtong jeonse’ fraud damage increases rapidly… What are the types and prevention methods?
[anchor]There are increasing cases of not receiving rental deposits due to lease fraud..Recently, one person 480A case of fraud involving billions of won was also reported..Including this case, only the damage in Gwangju and Jeonnam in the second half of the year was 550It amounts to billions of won.today 'Issue conversation' Let’s talk about the types of jeonse scams and how to prevent them with attorney Kim So-yul..welcome.first aka 'Tin lease' They say it's a scam.Could you please explain what it is??[answer]A lease fraud occurs when a landlord intentionally or in collusion with a licensed real estate agent creates a contract that prevents the tenant from returning the deposit., It's called a tin can scam..In the case of newly built villas where the market price is not established, a lease contract is signed with an inflated deposit, and then the ownership is handed over and disappears. Or, when real estate prices are falling like now, a tin lease occurs when the lease deposit is higher than the sale price..[anchor]How is that possible? Is there an institutional loophole??[answer]In fact, it is true that tenants lack information..So, a lot of it is derived from the difference in access to information..The biggest cause of this is that the tenant does not know the appropriate rental price on his own, does not know whether he is in arrears with the landlord, and does not know the level of the seniority deposit set., Second, in a situation like now where real estate prices are falling, it is better for landlords to give up the house than to return the deposit because they are considering profit and loss., Sometimes I make decisions like this.The third is to take advantage of the loopholes in opposition..Looking at the current Housing Lease Guarantee Act, its opposing power is 1Day 0Issued to the city.So, since it takes effect the next day, if a lease contract is signed on that day and the landlord places a lien on the house and takes out a loan using the collateral, the tenant is ultimately pushed to the bottom of the list..[anchor]So, ultimately, I think that policies for tenants, that is, people who rent houses, should be more thoroughly supplemented. What do you think??[answer]So, the Ministry of Land, Infrastructure and Transport recently issued a press release about the tenant protection system..So, you said that the biggest cause is the lack of tenant information..so 'Self-diagnosis safe charter app'We are building something called.This is next year 1It will be released in March.Within this app, you can find the appropriate rent for the residence you wish to move into or information about malicious landlords., Also, information on whether it is an illegal or unlicensed building is also provided here..Management of rental business operators has been strengthened, and since this happens a lot in the case of new villas, a fair price calculation system for new villas is also being established..And legally, as we said earlier,, The amendment to the Housing Lease Protection Act has been announced as legislation..Therefore, the tenant's right to request consent to request the landlord to provide information about the senior deposit is stipulated., It is being revised to make it obligatory for the lessor to agree to this..Second, you can ask your landlord for a tax payment certificate.This is done to confirm tax payment or whether national or local taxes are delinquent., Thirdly, for small tenants, the highest priority repayment amount will be adjusted upward..Currently in the case of Gwangju Metropolitan City, 7It's less than 10 million won. 8,500It is adjusted upward to less than 10,000 won., Priority repayment amount 2,300It’s less than 10,000 won 500It was increased by 10,000 won 2,800It will be raised to less than 10,000 won..In line with this, the standard housing rental contract is also being revised, and in order to prevent fraud using that opposing force, it is stipulated that the landlord is prohibited from establishing a lien on the house until the day after the tenant decides to report the move-in..[anchor]As mentioned earlier, I think it is important to carefully examine the contract from the beginning..So, what are some things tenants should carefully consider before signing a contract?.[answer]What is more important than the legal and institutional systems is for tenants to carefully inspect them..You should visit several real estate properties to check information on surrounding market prices, and then carefully look at the real estate register to check information about the senior deposit..Since you need to check whether it is an illegal building, check the building ledger, and if the sale price and the lease price are similar, the lessor is often registered as a rental business..In such a case, it is mandatory to sign up for warranty insurance, so please check the subscription and check whether the lessor and the landlord are the same person, and even if they are the same person, check their ID cards. Then, if there is a separate building manager, you should carefully check the extent to which they have been delegated by the landlord..[anchor]You talked about a number of things to look out for, but what should you do if you don't receive the deposit or the house goes up for auction despite paying such attention??[answer]In fact, if you hide like this, there is no way you can find it..Then, as consumers, we have no choice but to rely on the police investigation..Once the police files a complaint for fraud and fortunately, if the whereabouts are found, a civil lawsuit may be possible, but even if possible, there are many cases where recovery will not be possible..So, a one-stop support center was recently established for victims of such jeonse fraud..So, they say they provide emergency loans at low interest rates for people who haven't received a deposit, and provide temporary housing for tenants who don't have a place to live right now..[anchor]Lastly, this type of real estate fraud, Could you please tell me what kind of punishment is possible and how much responsibility can be imposed??[answer]So, in terms of criminal law, 'fraud'Depending on my type 'crime of forgery of private documents'It's also possible.Fraud is a crime under criminal law. 10Imprisonment of up to one year or 2It is a very serious crime punishable by a fine of less than 10 million won..If a licensed real estate agent participates in this act, he or she can be considered a co-principal or abettor of fraud, and the licensed real estate agent is separately subject to the Certified Real Estate Agent Act. 3Imprisonment of up to one year or 3It is a very serious crime that can result in a fine of less than 10 million won and even suspension of qualifications or cancellation of registration, apart from liability for damages..[anchor]Since it is truly a crime targeting the common people, it seems that strict punishment is needed..I'll listen to today's story here..Thank you.View article text-https://news.kbs.co.kr/news/view.do?ncd=5611693&ref=A