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(영문) 서울중앙지방법원 2013.09.10 2013고정3799

도시및주거환경정비법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

B If the above fine is not paid, 50.

Reasons

Punishment of the crime

A person who intends to have matters necessary for implementing a rearrangement project entrusted by a promotion committee or a project implementer or to provide consultation related thereto shall register with the competent authority;

1. Defendant B, without being registered with the competent authority on May 14, 2012, is entrusted with matters necessary for the implementation of a rearrangement project by entering into a contract and vicarious execution contract for project management and vicarious execution with regard to the establishment and direction-setting of the project association, setting up of budget and project schedule, vicarious execution of partnership-related administrative affairs, vicarious execution of the rental administrative affairs to obtain approval of a project plan, conclusion of a construction contract and administrative affairs, vicarious execution of partnership liquidation affairs, request of partnership liquidation affairs, etc. without being registered with the competent authority at an unsound place;

2. Defendant A Co., Ltd. did not register his representative director at the above date, time, and place, but entrusted the matters necessary for the implementation of the rearrangement project to the partnership for the rearrangement project without registering it with the competent authority.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Act and subordinate statutes (Investigation Record 2-29 pages);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A stock company: Articles 87, 85 subparagraph 9, and 69 (1) of the Act on the Maintenance of Urban and Residential Environments;

B. Defendant B: Article 85 Subparag. 9 and Article 69(1) of the Act on the Improvement of Urban and Residential Environments; the selection of fines

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act