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(영문) 광주지방법원 2018.11.29 2018고정823

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant shall go through a resolution of a general meeting to select an appraisal business entity as the head of a partnership for a housing redevelopment and improvement project.

1. On December 8, 2015, the Defendant voluntarily selected an appraisal business entity for the free transfer and acquisition of state-owned or public land at the above partnership office located in Gwangju North-gu, Gwangju-gu, without going through a resolution of a general meeting, at around December 8, 2015.

2. On September 18, 2017, the Defendant: (a) voluntarily selected an appraisal business entity for the re-appraisal of cash to the F without going through a resolution of the general meeting at the place referred to in the foregoing 1. Before September 18, 2017; (b) on September 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Articles of association;

1. Application of Acts and subordinate statutes to contracts for appraisal services for the transfer of state-owned or public land free of charge, and contracts for appraisal and assessment of a person liquidated in cash (Evidence No. 12);

1. Article 85 Subparag. 5 and Article 24 Subparag. 6 of the former Act on the Maintenance of Urban and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017); the selection of fines for criminal facts; and the selection of fines for negligence

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

1. The amount of fine shall be determined after considering the following: (a) the confession and reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the background leading up to the commission of the crime; (c) the personal gains from the commission of the crime; and (d) there are no unnecessary economic burdens for its members; and (c) the general meeting’s ratification has been obtained on the case of selecting the said corporation; and (d) the resignation of the head of the association after the crime