The sentence of each sentence shall be suspended against the Defendants.

Pursuant to Article 81 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter the same shall apply), the chairperson of the promotion committee or the project implementer shall make public the relevant documents and materials immediately or within a reasonable time.

2. Summary of the facts charged

A. Defendant 1

The Defendant, as the chairperson of the Housing Redevelopment Improvement Promotion Committee for ○○ Urban Renewal Promotion Zone 1, did not disclose the detailed details of monthly deposits and withdrawals by July 201 and August 3 of the same year of the Establishment Promotion Committee.

B. Defendants

Defendant 1, as the president of the foregoing rearrangement project partnership, and Defendant 2, in collusion with the same partnership’s director, did not disclose the minutes of the first board of directors’ meeting on September 26, 201 of the same year by October 27 of the same year, and did not disclose the details of monthly deposits and withdrawals until November 3 of the same year.

3. Determination

(a) Facts of recognition;

In full view of the evidence duly admitted and examined by the court below, the following facts can be acknowledged:

(1) From November 2008, Defendant 1 served as the chairman of the Housing Redevelopment Improvement Project Promotion Committee for ○○ Treasury Area One Housing Development Project, and served as the head of the same partnership from August 31, 201 to the same head of the partnership from August 31, 201, and Defendant 2 served as a director of the said partnership from the same date.

(2) On October 18, 2011, the Nonindicted Party accused the Defendants on charges of violating Article 81(1) of the former Act.

(3) The details of monthly funds deposited and withdrawn on July 201, 201, 8., and 9. of the same year were disclosed on the Internet on October 28, 201, while the minutes of the board of directors on September 26, 201 were disclosed on the Internet.

(4) The Defendants have fulfilled all the duty to notify under Article 81(2) of the former Act, which clearly stipulates the time limit by the 15th day of the month following the end of the quarter.

(b) the time limit for disclosure;

(1) Although Article 81(1) of the former Act does not clearly stipulate the time of disclosure, Article 81(2) of the former Act provides, “In the case of documents and related data subject to disclosure pursuant to paragraph (1), the list of the subject of disclosure, general contents, place of disclosure, method of perusal and reproduction, etc. shall be notified in writing to the union members or owners of the land, etc. according to the method and procedure prescribed by Presidential Decree.” Article 70(2) of the Enforcement Decree of the same Act provides, “The list of the subject of disclosure, general contents of disclosure, and place of disclosure shall be notified in writing to the union members or owners of the land, etc. by the 15th day of the month following the end of each quarter.” Thus, the disclosure of documents and related data shall be notified in writing to the union members or owners of the land, etc. by the 15th day of the month following the end of each quarter (see Supreme Court Decision 201Do829, Sept. 13, 2012).

C. Conclusion

The Defendants violated Article 81(1) of the former Act by failing to disclose by October 15, 201, the 15th day of the month following the end of the quarter the documents stated in the facts charged (at the time of the appeal by the prosecutor, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after the pleading, inasmuch as the prior meaning of the quarter is three equal months, since the period during which the three-fourth quarter ends. In this case, the period during which the three-fourth quarter ends.)

1. Statement of the police statement of the Nonindicted Party

1. A written accusation;

Article 86 Subparag. 6 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 11293, Feb. 1, 2012); Article 81(1)3 and 8 of the same Act; Article 30 of the Criminal Act (Selection of Fine)

1. Concurrent Crimes: Defendants

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

1. The type to be suspended;

(a) Defendant 1: Fines of 500,000 won;

(b) Defendant 2: Fines of 300,000 won

1. Detention in a workhouse: Defendants;

Articles 70 and 69(2)(50,000 won per day) of the Criminal Act

1. Suspension of sentence: Defendants

Article 59(1) of the Criminal Act (Article 59(1) of the Criminal Act provides that no criminal record has been sentenced to suspension of qualifications or more severe punishment, and the fact that all defendants have been disclosed within three weeks after the accusation, etc. is made public)

Judges Jeong Ho-ho (Presiding Judge)