beta
(영문) 인천지방법원 2017.12.22 2017고정2804

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In addition to the matters determined by the budget of the housing reconstruction and improvement project association, the contracts to become the burden of association members shall be resolved at the general meeting of association members

Nevertheless, on December 12, 2016, the defendant, as the head of the Incheon Nam-gu Association for Reconstruction of Apartment Housing, entered into a business manager service contract with D and its members without the resolution of the general meeting of the members of the association in the office of the above association, which is located in 2-dong 106, Nam-gu, Incheon, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to service contracts and investigation reports (to hear members' statements as to whether a general meeting is held);

1. Article 85 Subparag. 5 and Article 24 of the former Act on the Maintenance of Urban and Residential Environments (Amended by Act No. 14943, Oct. 24, 2017); Selection of fines for criminal facts;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.