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(영문) 수원지방법원 안양지원 2018.11.15 2018고정391

도시및주거환경정비법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the president of the redevelopment and rearrangement project association of neighboring areas, and Defendant B is the general secretary of the partnership.

An executive of a maintenance and improvement project association, etc. shall make public the documents, such as a written agreement for selection of a service company for the implementation of a rearrangement project, and related data, along with the Internet and other methods within 15 days after the preparation or alteration thereof

Nevertheless, the Defendants jointly and severally concluded a service contract for examination with G, corporation, etc. and prepared the contract at the above partnership office located in Ansan-gu, Seoul, on April 29, 2015, but did not disclose the contract by September 30, 2015, as stated in the list of crimes in the attached Table, and did not disclose the documents and related materials within 15 days from the date of the preparation of the contract, such as the service company's selection contract for the implementation of the rearrangement project, until July 20, 2016.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with H;

1. Application of statutes on Internet disclosure data and construction contract;

1. Defendants of the relevant criminal facts: Article 86 Subparag. 6 and Article 81(1) of the former Act on the Maintenance of Urban and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017); Article 30 of the Criminal Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act