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(영문) 의정부지방법원 2017.10.20 2017고단1914

도시및주거환경정비법위반

Text

Defendant

A A shall be punished by a fine of KRW 2,00,00, by a fine of KRW 200,000, by a fine of KRW 200,00.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A From October 19, 2009, the head of the housing reconstruction and improvement project cooperative association of H, Defendant B, the general director from November 9, 2015, Defendant C, and Defendant D, from November 17, 2014, take charge of the duties of directors from November 29, 2010, and from July 29, 2010.

1. An undisclosure union executive of data on the implementation of a reconstruction and improvement project shall make public both by the Internet and other means so that its members, etc. can be informed of the written contract for selection of service companies, minutes of the board of directors of the association, official documents on the implementation of the rearrangement project, details of monthly deposits and withdrawals, etc., within 15 days from the date on which the data are prepared or amended;

On June 30, 2015, the Defendants received a request from the complainant to disclose the documents and materials related to the implementation of the rearrangement project, such as the meeting materials and minutes of the board of directors and the board of representatives, and the official notices sent in viewing after the general meeting of 2014.

However,

A. Defendant A, Defendant C, Defendant D, and Defendant E did not disclose the materials listed in the separate list of crimes, including the minutes of the board of directors held on September 29, 2015.

B. Defendant B did not disclose the details of monthly deposits and withdrawals from the office of the general secretary director from November 9, 2015 to March 2016, 2016, the minutes of the board of directors held on April 6, 2016, and the minutes of the board of representatives held on April 14, 2016.

2. A contract that imposes a burden on members shall undergo a resolution at a general meeting of the cooperative, except as otherwise provided for in the contract concluded with the general meeting of the cooperative;

Nevertheless,

A. On December 15, 2015, the Defendants entered into a monetary consumption lending contract with the Hyundai Construction Company, which borrowed KRW 228,795,390,00, without going through the resolution of the general meeting.

B. Defendant A was constructed on October 21, 2015 without a resolution of the general meeting.