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(영문) 대전지방법원 논산지원 2014.04.15 2013고단520

도시및주거환경정비법위반

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

The Defendant served as the president of the C-building Housing Association from September 8, 2007 to June 21, 2009.

The executives of a housing reconstruction project association shall undergo a resolution at a general meeting on major matters, such as details of allocation for each association member of the rearrangement project cost or economic burdens on the association members

Nevertheless, on December 8, 2008, the Defendant promoted to share approximately KRW 1,268,733,000 for each member of the association without the resolution of the general meeting at the office of the above housing association located in Mapo-gu Seoul, Mapo-gu, Seoul, with approximately KRW 1,566,00 for each member of the association without the resolution of the general meeting. On December 8, 2008, the Defendant entered into an agreement to transfer assignment of the obligation to the members of the association and the company to transfer the obligation to the above company without the resolution of the general meeting.

Accordingly, the defendant arbitrarily promoted the allocation details for each member of the rearrangement project cost and the economic burden on each member without the resolution of the general meeting.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to E;

1. Application of each of the Acts and subordinate statutes stated in the copy of the articles of incorporation, each judgment, notice of convening an extraordinary general meeting of the C-building housing association member, record, notice of assignment of claims,

1. Relevant Article of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9401, Jan. 30, 2009) and Articles 85 subparagraph 5 and 24 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents where punishment is selected

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.