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(영문) 울산지방법원 2019.09.03 2019고정451

주택법위반

Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C Regional Housing Association is an association with authorization to establish a housing association on August 29, 2016, and Defendant A was in office as the head of the association from December 30, 2015 to June 27, 2018, and Defendant B was in office as an auditor from December 30, 2015 to December 30, 2015.

1. The Defendants’ co-principal

(a) A housing association with unpaid accounting audit shall be audited by an auditor under Article 3 of the Act on External Audit of Stock Companies within 30 days from the date on which three months elapse from the date on which authorization for establishment of the association was obtained;

Although Defendants conspired to establish an association on August 28, 2016 and received an audit by an auditor within 30 days from the said date with the authorization to establish an association, the Defendants did not receive an audit by December 28, 2016.

(b) An executive of a housing association that has not disclosed the statement of monthly deposit and withdrawal of funds shall, when a detailed statement of monthly deposit and withdrawal of funds is prepared in connection with the implementation of the housing association project, concurrently disclose the Internet and other methods to enable its members to know within 15 days

Defendants conspired and did not disclose the monthly statement of fund withdrawal from October 15, 2016 to May 15, 2018.

2. Where a member of an association requests perusal or reproduction of documents relating to the implementation of a housing association project, including the subparagraphs of Article 12(1) and (2) of the Housing Act, and related data, the executives of the association shall comply with such request within 15 days.

Around September 15:18, 2018, the Defendant, in collusion with E working as the head of the temporary association of the said housing association, requested the said association office to allow F to disclose in writing the list of union members and the written consent to use land and other related documents to the effect that F would request the public to use the land, such as a written consent to use land. However, the Defendant did not comply with such request within 15 days.

Summary of Evidence

1. Defendants’ each.