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(영문) 광주지방법원 2017.01.18 2016고정1940

도시및주거환경정비법위반

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The punishment against the Defendants shall be prescribed by a fine of two million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A served as the chairperson of the Promotion Committee for the Establishment of D Housing Redevelopment Project Association (hereinafter referred to as "Promotion Committee") from October 31, 2009 to November 15, 2015. From November 16, 2015, a person who works as the chairperson of the Promotion Committee on behalf of the chairperson of the Promotion Committee from November 16, 2015 to until now, and Defendant B is the representative director of E, who is engaged in the specialized maintenance business.

1. Where Defendant A intends to select a specialized management businessman of rearrangement projects, he/she shall do so through competitive bidding;

However, on December 16, 2014, the Defendant entered into a contract for specialized management services on behalf of the promotion committee with respect to B and D housing redevelopment and improvement projects on behalf of the promotion committee at the office of the company located in Gwangju Northern-gu, and the third floor, and entered into a contract for specialized management services.

Accordingly, the defendant selected a management contractor of rearrangement project without using competitive bidding methods.

2. A person who intends to be entrusted with affairs necessary for the implementation of a rearrangement project by a promoters' association or to give advice in connection therewith shall register the rearrangement project specialized management business;

However, the Defendant entered into a contract for the specialized management of the rearrangement project, which is entrusted with the work of reviewing the feasibility of the rearrangement project for A and D housing redevelopment and preparing a plan to implement the rearrangement project, as described in paragraph 1, without registering the specialized management business.

As a result, the Defendant was entrusted with the rearrangement project without registering the rearrangement project specialized management business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A contract for specialized management services for rearrangement projects;

1. Application of Acts and subordinate statutes to a certificate of registration of specialized management business for rearrangement projects (a certificate of registration of an investigative record, 354);

1. Article 84-3 Subparag. 5 and Article 14(2) of the Act on the Maintenance of Urban and Residential Environments, Defendant A selected as a fine for criminal facts; Articles 85 Subparag. 9 and 69(1) of the Act on the Maintenance of Urban and Residential Environments;