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(영문) 춘천지방법원 강릉지원 2018.11.22 2018구합30472

정보공개거부처분취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 28, 2012, the Plaintiff filed a complaint against B as a crime of evasion of fraud and compulsory execution, namely, “B acquired KRW 270 million from the Plaintiff by means of false words without intent and ability, and B, C, and D acquired the ownership transfer registration under the name of C for the purpose of evading compulsory execution in collusion with the intent of evading compulsory execution, and filed a false registration of establishment of a neighboring real estate under the name of D in the name of D on the real estate owned by B, the Plaintiff completed provisional registration.”

B. In the foregoing case, the prosecutor rendered a non-prosecution disposition on January 29, 2013 that he/she was suspected of having committed each of the charges against B, C, and D (Evidence of Evidence).

C. On May 28, 2018, the Plaintiff applied for a copy of the records in Articles 2012-2 and 5297 (hereinafter “the records of this case”). However, on May 29, 2018, the Defendant applied for a copy of the records in the Seocho District Public Prosecutor’s Office’s Office in Chuncheon (hereinafter “the records of this case”). On the grounds that the disclosure of the records of the Prosecutor’s Office’s Affairs Preservation Rules, C’s deposit account specification (28 pages), C’s statement (52 pages), investigation report (65 pages), Plaintiff’s statement (67 pages), copy of the judgment submitted by the Plaintiff, and the protocol of interrogation (180 pages), Plaintiff’s data submitted in the investigation report (214 pages), and the notice of the results of the case processing (261 pages), and “the disclosure of the records of this case to the pertinent documents is likely to seriously cause or threaten to cause any non-permission or confidential disclosure of the records of this case,” under Article 22 subparag. 2 of the Rules on the Military Affairs. 1’s.

The instant non-permission disposition was notified to the Plaintiff on May 31, 2018, and the Plaintiff on September 4, 2018.