beta
(영문) 서울남부지방법원 2021.03.17 2020고정2156

도시및주거환경정비법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was a person who was in office as the president of the C Union located in Yangcheon-gu Seoul Metropolitan Government from May 7, 2019 to July 18, 2020.

Where documents and relevant materials concerning the implementation of a rearrangement project are prepared or modified, the Defendant did not disclose such materials within 15 days from the date of preparation on the Internet without justifiable grounds, despite the fact that such materials as the minutes of the general meeting of the said association should be disclosed to the public within 15 days from the date of preparation on the Internet without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes to prove contents of the police statement report (to hear the suspect's telephone statement) to the defendant's legal statement D, and investigation report (to telephone calls from persons related to the Seoul Clater Business System in Seoul);

1. Article 138 (1) 7 and 124 (1) of the Act on the Maintenance of Dwelling Conditions for the Urban Areas and Residential Environments, which are applicable to the facts constituting a crime, and the selection of fines;

1. Penalty fine of KRW 1,000,000 under the suspended sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence [this type of crime has no record of the same type of crime, and the above association is not obligated to establish a website operated by Seoul Metropolitan Government to transparently disclose the process of implementing improvement projects, such as re-development and reconstruction of clean business system, with an association authorized by the Housing Construction Promotion Act.

In light of the Yangcheon-gu reply (Evidence No. 1) to the purport that “the defendant does not seem to have disclosed the above materials within a fixed period of time,” and other circumstances such as the defendant’s age, sex, family environment, etc.