도시및주거환경정비법위반
The defendant shall be innocent.
1. The summary of the facts charged is the president of the redevelopment and maintenance project association for housing located in Bupyeong-gu Incheon Metropolitan City.
In accordance with the procedure prescribed by the Act on the Maintenance and Improvement of Urban Areas and Residential Environments, the change of the rearrangement project cost is subject to the resolution of a general meeting consisting of the members, but the defendant voluntarily promoted the project by submitting to the head of Bupyeong-gu office an application for the change of implementation of the project without the resolution of a general meeting at the office of redevelopment association for housing in the above C district without obtaining the resolution of the general meeting on November 2015, by changing the total amount of KRW 1.2488 billion from the total amount of the rearrangement project cost to KRW 1.559,00,000.
2. In full view of the following facts, relevant statutes, and circumstances revealed by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant arbitrarily changed the above maintenance project cost by violating the procedures of the general meeting as stated in the facts charged, and there is no other evidence to acknowledge otherwise.
A. Since it is apparent that the Defendant changed the maintenance project cost as above without the resolution of the general meeting around November 2015, as stated in the facts charged, the key issue of the instant case is whether the resolution of the general meeting is necessary in relation to the change of the maintenance project cost.
I would like to say.
B. On the contrary, the Defendant consistently asserts that, in the case of the pre-existing maintenance project cost from the investigation process, the pre-existing maintenance project cost is either erroneously calculated or formally added (in the case of the pre-existing maintenance project cost, relocation cost is not required) and that, in comparison with the modified maintenance project cost, a change below 10% of the total maintenance project cost is unnecessary.
(c)
Article 24 Subparag. 9-2 of the Act on the Maintenance of Urban and Residential Environments (hereinafter “Act”) provides that matters concerning the establishment and modification of a project implementation plan shall be subject to a resolution of a general meeting.