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(영문) 의정부지방법원 2018.11.29 2018고정1233

도시및주거환경정비법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the head of the partnership of the E Housing Redevelopment and Improvement Project Association that implements the rearrangement project in the Namyang-si, Gyeonggi-do.

A project implementer (or an executive officer of a cooperative, in cases of a cooperative) shall disclose the agreement, etc. for selection of a service company, such as a designer, contractor, removal business entity, and a specialized management business entity for rearrangement projects, along with the Internet and other methods, to make it known to its members, landowners, or tenants, within 15 days from the date such agreement, etc

1. On December 11, 2015, the Defendant: (a) prepared a “construction contract (A) agreement” with the Korea Development Bank in which the amount of construction facilities (including subsidiary facilities) for the rearrangement project of the said union was newly selected as a contractor for the construction project; (b) however, the Defendant did not disclose the contract to its members, etc. on the Internet within 15 days from the date without justifiable grounds.

2. On May 31, 2016, the Defendant: (a) prepared a “contract for the service of housing redevelopment and improvement project management,” which newly selects the said union as a specialized management service company for rearrangement project; (b) on the Internet, the Defendant did not disclose the contract to its members, etc. on the Internet within 15 days from the date without justifiable grounds, without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (to attach all certificates of registration of the redevelopment and consolidation project association forE housing);

1. Application of the contract for construction works (A) to the E-Housing Redevelopment and Improvement Project (A) and the Acts and subordinate statutes to the Specialized Management Services for Housing Redevelopment and Improvement Project (A) to the Act and subordinate statutes at least once;

1. Article 86 Subparag. 6 of the former Act and Article 81(1) of the former Act on the Maintenance of Residential Environments and Dwelling Conditions (wholly amended by Act No. 14567, Feb. 8, 2017); the selection of each fine for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of 700,000 won to be suspended;

1. Attraction of a workhouse;