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(영문) 서울서부지방법원 2016.12.08 2016고정981

도시및주거환경정비법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the president of a housing redevelopment and rearrangement project association, a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the defendant B is the general secretary of the above cooperative.

1. No executive officer of a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall arbitrarily implement a project, such as a contract which becomes a partner, except as otherwise provided for in the budget, without a resolution by a general meeting of cooperatives;

Nevertheless, around March 12, 2013, the Defendants conspired to enter into a housing redevelopment and rearrangement project office in the office of the Eunpyeong-gu Seoul Metropolitan Government Office for the HF Promotion Zone, entered into a housing redevelopment and rearrangement project association contract with a company Dominc Engineering Co., Ltd. (service cost of KRW 25,000,000) for infrastructure design services (service cost of KRW 25,00) and promoted the contract to be borne by the union members on a total of seven occasions as shown in the attached list of crimes from April 22, 2014.

2. An executive officer of a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall make a public disclosure of documents and related data concerning the implementation of a rearrangement project in parallel with the Internet to make them known to its members, landowners, or tenants, within 15 days from the date on which such documents and data are prepared or changed;

Nevertheless, the Defendants conspired to publish the documents and relevant data relating to the implementation of the rearrangement project, such as making a registration in each clean business system around February 1, 2015, and the annual fund management plan prepared around December 22, 2012 at the office of a housing redevelopment and maintenance project association office in the Eunpyeong-gu Seoul Metropolitan Government Office, the annual fund management plan formulated around December 22, 2012, the annual fund management plan formulated around February 21, 2013, the audit report prepared around February 4, 2015, and the annual report on settlement of accounts prepared around February 1, 2015, were not made public within 15 days after the preparation or alteration of the documents and relevant data.

Summary of Evidence

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