CONTENTS
- 1. Client Facing Punishment for False Residence Registration
- - Background of the Violation of the Housing Act Case
- - Establishing a Strategy for Defense against Punishment
- 2. Assistance Provided to Defend against Punishment for False Residence Registration
- - Proving Actual Residence through the Regional Basis of Daily Life
- - Reinforcing the Circumstances of Actual Residence Centered on the Workplace Location
- - Asserting a Justifiable Reason for Unavoidable Circumstances such as Marriage and Pregnancy
- - Establishing the Absence of the ‘Improper Means’ Requirement Under the Housing Act
- 3. Successful Defense Against Punishment for False Resident Registration, Case Concluded by Non-Referral
- - Understanding the Level of Punishment for False Resident Registration
- - If You Are Involved in a Housing Act Violation Case
- - FAQ on False Resident Registration
1. Client Facing Punishment for False Residence Registration
This is a case in which a client who had been facing punishment for false residence registration obtained a decision of non-referral through this firm's criminal law specialist attorney's systematic gathering of evidence and presentation of defense arguments.
Background of the Violation of the Housing Act Case
The client was selected in a subscription for an apartment located in Gyeonggi-do, but afterward, unexpectedly, received a "notice of ineligibility" and faced a situation in which the selection was canceled.
The client was then investigated by the police on a charge of "violation of the Housing Act (false residence registration)," and became involved in criminal proceedings as a suspect.
The case originated from the fact that the client's address at the time of the subscription did not match the actual place of residence at the time of the incident.
The client was pregnant, and she had no choice but to stay temporarily in another region where her husband resided, for childbirth preparation and health management.
Nevertheless, she continued to maintain the house located in Gyeonggi-do, her existing residence, and was paying the utility charges and management fees normally.
However, as she came under suspicion of not having met the residence requirement for the subscription, the charge of "false residence registration for the purpose of a fraudulent subscription" was raised.
Establishing a Strategy for Defense against Punishment
In response, the criminal law specialist attorney actively prepared in the following ways in order to prove the client's innocence.
∙ Securing materials proving continued residence and management of the house (utility receipts, records of management fee payments, etc.)
∙ Organizing medical and daily-life evidence regarding the pregnancy and childbirth preparation process
∙ Organizing the direction of statements regarding the actual intent to reside and the center of daily life
Through this, the attorney systematically prepared the defense argument with a focus on proving that this was not an intentional false residence registration for the purpose of a fraudulent subscription.
2. Assistance Provided to Defend against Punishment for False Residence Registration
In order to defend against punishment for false residence registration, the criminal law specialist attorney established a defense strategy that could prove the client's overall daily life in a multidimensional manner.
In particular, since a false residence registration charge is judged by the actual basis of daily life and whether intent existed, rather than the "formal address," the key was to secure circumstances and materials that could specifically reveal this.
Proving Actual Residence through the Regional Basis of Daily Life
The criminal law specialist attorney emphasized that the client had maintained an actual basis of daily life in Gyeonggi-do over a long period.
The attorney submitted as supporting materials that the client had resided in Gyeonggi-do since childhood, had graduated from elementary, middle, and high school all in that region, and that her family and social network were also all formed in Gyeonggi-do.
This regional continuity and basis of daily life served as grounds clearly showing that the client was not merely a person who had transferred her address as a formality, but a person who had actually lived as a resident of Gyeonggi-do.
Reinforcing the Circumstances of Actual Residence Centered on the Workplace Location
Noting that at the time of the subscription the client had been selected for the housing under the qualification of "an employee of a small or medium-sized enterprise in OO City," the attorney established that the subscription was a normal application connected to her workplace.
The criminal law specialist attorney proved, with documents such as a certificate of employment, that the client had a history of working at a business within the region, and logically presented that the subscription location was also situated near her workplace, a choice made in consideration of commuting convenience.
As a result, the consistent pattern of "a daily life centered on the place of work" was recognized, and it became clearly apparent that there was no intent of a fraudulent subscription.
Asserting a Justifiable Reason for Unavoidable Circumstances such as Marriage and Pregnancy
The criminal law specialist attorney specifically established, through objective materials, that the reason the client temporarily resided in another region was a "health need arising from marriage and pregnancy."
By submitting medical records, a pregnancy diagnosis certificate, and records of childbirth preparation, and by presenting together the husband's place of work and the timing of the circumstances, the attorney made clear that the client's stay in another region was a "temporary residence" and not for the purpose of a fraudulent subscription.
In addition, on the ground that the client had personally visited and managed the house in question at least once a month and had paid the management fees even while staying in another region, the attorney emphasized that the actual center of her residence was still in Gyeonggi-do.
Establishing the Absence of the ‘Improper Means’ Requirement Under the Housing Act
Citing Supreme Court precedent, our criminal law attorney pointed out that, for ‘false or other improper means’ under the Housing Act to be established, a person without qualification must have falsely pretended to hold such qualification, or must have received a housing supply with a clear intent to act improperly.
Summary of Supreme Court Decision 93Do2579, Decided January 14, 1994
On this basis, we logically demonstrated that the client had simply proceeded through a normal subscription procedure within an existing area of living, and that no element of ‘falsehood’ or ‘improper means’ was present at all.
3. Successful Defense Against Punishment for False Resident Registration, Case Concluded by Non-Referral
As a result of the criminal law attorney’s arguments and submission of evidence in defense against punishment for false resident registration, the investigative authority acknowledged that the client had not maintained the address intentionally in order to commit subscription fraud.
In particular, the client had long maintained a substantive basis of life as a resident of Gyeonggi Province, and the fact that she had temporarily stayed in another region due to pregnancy and health-related circumstances was likewise determined to be an unavoidable and justifiable reason.
Ultimately, the investigative authority issued a non-referral decision in the client’s case, through which the client was relieved of the risk of criminal punishment for a violation of the Housing Act and was able to restore her credit and reputation.
Understanding the Level of Punishment for False Resident Registration
False resident registration does not stop at being a mere administrative false report of address. If there was a purpose of obtaining subscription eligibility, it may be punishable as a violation of related laws, including the “Housing Act.”
This is because such conduct is regarded as undermining the fairness of the housing supply system.
Level of Punishment
Imprisonment with labor for up to 3 years or a fine of up to 30 million won
If the conduct is actually connected to a subscription or sale, the following additional disadvantages are imposed.
· Restriction of subscription eligibility for up to 10 years, and ineligibility to apply for public sale and rental housing
Therefore, if there is room for ‘intent’ to be suspected, it is advisable to secure the relevant evidence and respond with the assistance of an attorney.
If You Are Involved in a Housing Act Violation Case
If you are suspected of a violation of the Housing Act, not only a police investigation but also substantive disadvantages, such as cancellation of a subscription win and restriction on re-winning, may arise at the same time.
Therefore, a misstatement at the early investigation stage may later be used as unfavorable evidence in an appeal procedure or administrative litigation.
Daeryun LLC has many criminal law attorneys with specialized knowledge regarding the Housing Act and experience in handling such cases.
We systematically analyze objective materials, such as documents from the subscription process, records of daily life, and utility bill histories, and establish a defense strategy aimed at removing any basis on which the investigative authority could find ‘improper means.’
If you have currently received a notice of investigation from the police, please request assistance through a 🔗Legal Consultation Reservation.
FAQ on False Resident Registration
A. It is important to secure materials that demonstrate actual residence or the center of one’s daily life.Q. What preparation is needed before the investigation in order to defend against punishment for false resident registration?
Representative examples include utility bill receipts, parcel delivery addresses, records of medical institution use, the location of one’s workplace, and family residence records.
When a defense counsel’s written opinion is submitted on the basis of such evidence, it is possible to argue persuasively that the matter was a temporary change of address rather than a ‘false transfer of residence.’
A. If the false resident registration has not yet been discovered, it is important to promptly correct the resident registration to the actual place of residence and submit a written statement of reasons.Q. What methods are available to defend against punishment for false resident registration before it is discovered?
Because the investigative authority assesses both whether there was ‘intentional falsification’ and whether there was an ‘attempt to obtain a benefit,’ voluntary correction and a cooperative attitude may affect the level of criminal punishment.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
