CONTENTS
- 1. The Client Who Sought Help From a Tongyeong Criminal Litigation Attorney
- - The Circumstances of the Client's Case as Understood by the Tongyeong Attorney
- - Violation of the Housing Act Explained by a Tongyeong Attorney
- 2. Tongyeong Criminal Litigation Attorney's Assistance for a Client Charged With Violation of the Housing Act Through Fraudulent Housing Subscription
- - Criminal Litigation Attorney Argued That the Client Resided With the Parents
- - Criminal Litigation Attorney's Argument Regarding Eligibility to Apply for Supply
- - Criminal Litigation Attorney: Whether There Was Intent Regarding the Fraudulent Housing Subscription
- 3. Result of the Tongyeong Criminal Litigation Attorney's Assistance: A Non-Referral Decision for Insufficient Evidence
1. The Client Who Sought Help From a Tongyeong Criminal Litigation Attorney
The client who visited the Tongyeong criminal litigation attorney had received notice of a police investigation on a charge of violation of the Housing Act through fraudulent subscription.
The client was very flustered by the sudden notice of a police investigation.
Looking for a specialized attorney with experience in numerous criminal litigations within Tongyeong and experience related to violations of the Housing Act, the client came to Daeryun Law Firm.
The Daeryun Law Firm Tongyeong attorney conducted a thorough consultation from the start, formed a team to respond to the client’s case, and set about devising a tailored defense strategy.
The Circumstances of the Client's Case as Understood by the Tongyeong Attorney
The client residing in Tongyeong was investigated on a charge of violating the Housing Act by disrupting the supply order of the real estate market.
The facts of the client's suspected offense are as follows.
Violation of the Housing Act Explained by a Tongyeong Attorney
Violation of the Housing Act refers to conduct that breaches the provisions related to the supply, subscription, and management of housing prescribed by the Housing Act.
The following explains representative cases of violation of the Housing Act.
1. Fraudulent move-in registration (false report of move-in)
This refers to falsely transferring only one's address in order to obtain subscription eligibility while not actually residing there.
2. The act of a sham divorce
This refers to the act of a married couple divorcing only on paper in order to raise their subscription points.
As above, filing a false report in order to be selected for a subscription is punishable by imprisonment for not more than three years or a fine not exceeding 30 million won.
In addition, the resale right may be canceled and subscription eligibility may be restricted for 10 years thereafter.
| Fraudulent move-in registration example | A case where a person living in Geoje-si, in order to be selected for an apartment for which only residents of Tongyeong-si are eligible to subscribe, files a move-in report only at a relative's home in Tongyeong-si while not actually living there |
| Sham divorce example | A case where, while housing exists under the husband's name, the wife subscribes after divorce with the eligibility of a person who owns no housing |
2. Tongyeong Criminal Litigation Attorney's Assistance for a Client Charged With Violation of the Housing Act Through Fraudulent Housing Subscription
A Tongyeong criminal litigation attorney undertook the response to the client's charge of violating the Housing Act.
Based on the circumstances of the case identified through close consultation with the client, the Tongyeong attorney established a strategy to rebut the charge.
Issues of the case
-Did the client reside together with his parents? |
Criminal Litigation Attorney Argued That the Client Resided With the Parents
The criminal litigation attorney argued that the client had resided together with the parents.
The client did at times lead a life separate from the parents, such as sleeping at a company dormitory 5 km away from the parents’ home.
However, this was only because the client had been diagnosed with blood cancer last year and undergone surgery, and on several occasions slept at the company dormitory near the hospital.
The criminal litigation attorney emphasized that this fact alone was insufficient to serve as evidence that the client had not resided together with the parents.
Criminal Litigation Attorney's Argument Regarding Eligibility to Apply for Supply
The eligibility requirements for the apartment supply application for which the client applied are as follows.
The criminal litigation attorney pointed out that the public announcement did not explicitly state that the applicant must actually reside together as part of the eligibility requirements.
The criminal attorney also emphasized that, from the perspective of an ordinary person, being jointly registered on the resident registration record could be considered sufficient to meet the eligibility requirements, and that it is difficult to interpret the eligibility requirements as necessarily meaning that the parties must reside together.
Criminal Litigation Attorney: Whether There Was Intent Regarding the Fraudulent Housing Subscription
The criminal litigation attorney argued that the client had been listed on the resident registration record together with the parents from well before the time of the subscription announcement, and had applied for the subscription for the apartment in this case in accordance with the eligibility requirements specified in the announcement.
In other words, the attorney emphasized that, because the client had been selected for the subscription without any particular defect, there was insufficient direct evidentiary material to establish that the client had been supplied housing by unlawful means.
3. Result of the Tongyeong Criminal Litigation Attorney's Assistance: A Non-Referral Decision for Insufficient Evidence
As a result of the assistance of a Tongyeong criminal litigation attorney, the client was able to obtain a non-referral decision.
The client said, "I was very flustered and frightened by the contact from the police investigation. The attorney explained the progress of the case in detail and provided a team response for a swift handling of the case, which was truly reassuring."
Daeryun Law Firm forms teams of attorneys experienced in the relevant cases to provide solutions promptly and swiftly.
If, like the client in the above case, you are looking for a 🔗Tongyeong attorney on a charge of violation of the Housing Act, please seek out Daeryun Law Firm, where consultation is available 24 hours a day, 365 days a year.
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.
