From November 10, 2017, the Defendant works as the president of the E-Housing Redevelopment Project Association (hereinafter “E-Housing Redevelopment Project Association”) located in the second floor of the D shopping district in Dongjak-gu Seoul Metropolitan Government from November 10, 2017.

An executive of a union shall obtain a resolution at the general meeting of shareholders to determine the methods of borrowing funds, the interest rate, and the method of repayment.

Nevertheless, the Defendant voluntarily borrowed KRW 130 million from the Defendant without the resolution of the general meeting on November 24, 2017, the E-Housing Redevelopment Project Association agreed to pay the amount of KRW 130 million when the partner receives the bid bond or the Seoul Special Metropolitan City loan, and then lent KRW 130 million to the E-Housing Redevelopment Project Association.

As a result, the Defendant arbitrarily set the method of borrowing funds, interest rate, and repayment method as an executive of the union without the resolution of the general meeting.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. The investigation report (the submission of details of loans of KRW 130 million, the submission of details of loans of KRW 100 million, the submission of details of loans of KRW 100 million), and the application of Acts and subordinate statutes of the investigation report (the investigation record No. 24

1. Relevant Article 137 subparagraph 6 of the Act on the Maintenance of Urban Areas and Residential Environments, and Articles 137 and 45 (1) 2 of the Act on the Maintenance of Residential Environments, and Selection of fines concerning facts constituting a crime;

1. A fine not exceeding 200,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see Supreme Court Decision 2010Do13848, Mar. 29, 2012) provides for “loan of funds, its method, interest rate, and method of repayment” under Article 45(1)2 of the Act on the Maintenance of Urban and Residential Environments as the resolution of the general meeting is to ensure procedural guarantee so that the intent of the members can be reflected, as it directly affects the rights and obligations of the members (see Supreme Court Decision 2010Do13848, Mar. 29, 2012). However, the borrower of the instant loan is not a partnership establishment promotion committee, but a partnership established after the establishment of the