Tongyeong Criminal Litigation Attorney | Assisted a Client Charged With Violation of the Housing Act Through Fraudulent Housing Subscription, Non-Referral

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 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.

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.

The eligibility requirements for the apartment supply application for which the client applied are as follows.

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.