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(영문) 의정부지방법원 2020.09.24 2020고정919

주택법위반

Text

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

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

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

Where a member of a housing association requests the perusal or reproduction of documents and related data concerning the implementation of a housing association project including documents, a list of members of the association, a written consent to land use, and other related data prescribed by Presidential Decree with respect to the implementation of the housing association project, the promoters or executives of the housing association shall comply with such request within 15 days.

Nevertheless, on February 6, 2020, the Defendant submitted an application for perusal and reproduction of data by stating “the details of D construction cost,” “the additional construction cost statement after the general meeting,” “D and E construction cost,” “the time and amount of payment of construction cost,” and “verification as to whether the budget was appropriately executed” as “the purpose of use,” but did not comply with the request for perusal and reproduction within 15 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Documents appended to C's petition;

1. Application of Acts and subordinate statutes to report on investigation (Submission of evidentiary data as a complainant's partner);

1. Article 104 Subparag. 3 of the Housing Act (amended by Act No. 16870 of Jan. 23, 2020), Articles 104 Subparag. 3 and 12(2) of the former Housing Act, the choice of fines, etc. concerning criminal facts

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

1. Considering the favorable circumstances, such as the fact that the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes all the facts charged in the instant case and reflects his mistake in depth, and the defendant is the first offender without any previous conviction, the punishment of a summary order against the defendant is somewhat excessive.

Other records of this case, such as the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc.