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(영문) 서울서부지방법원 2015.05.07 2014고정2319

도시및주거환경정비법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 14, 2013, the Defendant is a person appointed as the president of the E-Housing Redevelopment and Improvement Project Association located in Eunpyeong-gu Seoul Metropolitan Government D.

An executive of a maintenance and improvement project association shall make public the documents, such as official documents, and related data concerning the implementation of the relevant maintenance and improvement project, along with the Internet and other methods, within 15 days from the date on which such documents or data are prepared or modified.

Nevertheless, on April 18, 2014, the Defendant, a public document pertaining to the implementation of a rearrangement project, “case of application for consultation by the construction plan deliberation, traffic impact analysis, and improvement plan deliberation subcommittee”, was prepared and sent to the Housing Renovation Department of Eunpyeong-gu, but did not disclose the document within 15 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written complaint and additional statement;

1. Investigation report (Submission of a report to the complainant and additional documents);

1. Application of the Act and subordinate statutes to the deliberation of construction plans as of April 18, 2014, traffic impact analysis, and consultation with the subcommittee for deliberation on improvement plans, as of application of the relevant Act and subordinate statutes

1. Article 86 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the selection of punishment and Article 81 (1) 6 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The instant “case of seeking advice from the subcommittee on construction plan deliberation, traffic impact analysis, and improvement plan deliberation” is very large and includes CDs, and thus, it is technically impossible to enter this into the Seoul Metropolitan City clean business system, and the Defendant’s order was issued to the members of the instant association to disclose the application on the Internet, but was made public at the latest due to the negligence of employees, and thus, the Defendant violated the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the Act”).