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(영문) 서울북부지방법원 2018.11.09 2018고단438

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the partnership of the Housing Redevelopment Project Association B.

Although the use of the maintenance project cost requires the resolution of the general meeting of the association, the Defendant applied for a loan under the name of the above association to Seoul Special Metropolitan City on September 22, 2015, and paid KRW 674,80,000 to the (ju)C without the resolution of the general meeting of the association on June 27, 2016 while obtaining a loan of KRW 460,000,000 from the said association on December 17, 2015, the Defendant paid KRW 674,80,000 for the repayment of the service price and the loan from December 18, 2015 to September 12, 2016, and KRW 35,280,000 for the service price on October 18, 2015 to D (ju). < Amended by Presidential Decree No. 26803, Oct. 5, 2016>

Accordingly, the Defendant used the maintenance project cost without a general meeting resolution of the partnership.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes governing the book of the general meeting of a cooperative, 2015;

1. Article 85 subparagraph 5 of the former Act and Article 24 (3) subparagraph 4 of the same Act (amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply) concerning facts constituting an offense and Article 85 subparagraph 5 of the former Act (amended by Act No. 14567, Feb. 8, 2017)

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. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. On November 25, 201, prior to the establishment of a partnership for the redevelopment of B houses, there was a general meeting resolution that the said partnership shall comprehensively succeed to the rights and obligations of the promotion committee at the general meeting of the partnership meeting on August 2013, 201 through the resolution of the resident general meeting of the council for the establishment of the partnership. ② On August 28, 2015, the said general meeting passed the resolution that “the lending of funds, the method, interest rate, and the method of repayment” and “an application for the loan for the rearrangement project” were distributed to the members before the said resolution, the use of the loans was distributed to the said association by means of services, such as funds for the operation of the partnership, design expenses, tenants’ compensation expenses, and resident relocation expenses, and ③ the said resolution passed the said resolution.