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(영문) 대전지방법원 천안지원 2017.05.19 2016고정606

도시및주거환경정비법위반

Text

Defendant

Punishment A for a fine of KRW 2 million is imposed on Defendant B, C, D, E, F, and G. Each fine of KRW 800,000.

Reasons

Punishment of the crime

Defendant

A is the head of the partnership of the Association for the Development and Improvement of O's Housing in Nam-gu N in Nam-gu, Nam-gu, and Defendant E is the directors of the above Association in the audit, Defendant B, C, F, D, and G.

In addition to the matters prescribed by the budget of the housing redevelopment and improvement project association, the contract that will become a partner's burden, the selection and alteration of the contractor, designer or appraisal business entity shall be subject to the resolution of the general meeting of the association.

1. Joint crimes committed by the Defendants

A. On October 17, 2012, the Defendants conspired to commit the crime, and concluded a contract to become a partner’s burden in addition to the matters stipulated in the budget without the resolution of the general meeting of the said association, by concluding a “standard contract for design of a building object” between the establishment and the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment

B. On April 30, 2013, the Defendants conspired to commit the crime at the above partnership office around April 30, 2013, and entered into a “contract, such as legal advice and evacuation litigation,” with a law firm’s legal advisory fee of KRW 200 million, following a resolution by the board of directors of the said partnership, and entered into a contract with the law firm as well as the matters prescribed by the budget without a resolution by the general meeting of the said partnership.

2. Defendants A, B, C, D, E, and F committed joint crimes, following the resolution of the board of directors of the said partnership at around February 4, 2014, the said partnership’s office entered into a “contract for surveying the current status of the association for housing redevelopment and improvement projects,” whereby the contract amounting to KRW 20,000,000, in which the contract amount is to be entered into with the above association engineering company, upon the resolution of the board of directors of the said association, and entered into a contract for the said association’

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to Q Q;

1. Surveys of the standard design contract for buildings, contracts, such as legal advice and evacuation litigation, and the current status thereof;