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(영문) 서울동부지방법원 2016.02.16 2015고정1595

도시및주거환경정비법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the president of Seongdong-gu Seoul Housing Redevelopment Cooperative, and Defendant B is the general secretary of the above union.

1. Where an executive officer of a cooperative violates the law (the implementation of a project without a resolution by a general meeting) relating to the urban and residential environment, uses the maintenance project expenses, and enters into a contract to become a partner's burden, he/she shall undergo a resolution at

Nevertheless, on July 7, 2014, at the above partnership office located in Seongdong-gu Seoul Metropolitan Government D Building E, the Defendants provided loans of KRW 725 million out of the maintenance project cost to members F, and around July 29, 2014, the Defendants provided loans of KRW 650 million out of the maintenance project cost to members G from the above partnership office around July 29, 2014.

As a result, the Defendants conspired to use the maintenance project cost without the resolution of the general meeting of the association members, and voluntarily promoted the project by concluding a contract that will become a burden on the association members.

2. Where a member of the committee in violation of the Act on the Maintenance of Urban and Residential Environments (the point of refusal to peruse or copy data) requests the perusal or reproduction of documents concerning the implementation of the rearrangement project and related materials, the chairperson of the promotion committee or the executives of the association shall comply with such request within 15 days.

Nevertheless, on November 21, 2014, the Defendants did not comply with the request within 15 days after receiving a request for inspection and copying of monthly project expenses from H in the above partnership office located in Seongdong-gu Seoul Metropolitan Government D Building E, a construction contract agreement between the union and I, a list of union members, etc. from the union members H.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning the examination of the suspect against the defendant A (the interrogation of the defendant B and the defendant H substitute against the defendant);

1. Statement made by the police with H;

1. A complaint;

1. The case of reply to the request for disclosure of information, investigation report (Submission of the books at the ordinary meeting of 2014, the complainant), copy of the contract for creation of collateral security, and the joint list of collateral created by collateral security.