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(영문) 서울동부지방법원 2018.10.12 2018고정936

도시및주거환경정비법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Where members, landowners, etc. request perusal or reproduction of the documents and related data specified in Acts and subordinate statutes concerning the implementation of rearrangement projects, the chairperson of the promotion committee shall comply with such request within 15 days.

The Defendant is the chairperson of Seongdong-gu Seoul Metropolitan Government D'E'.

Nevertheless, on March 28, 2018, the Defendant did not comply with the request from G, H, and I for the perusal and reproduction of the original copy of the “written resolution by 298 persons submitted in letter to the Residents’ General Meeting on October 25, 2016, by 57 persons received by mail, by 28 persons directly voting,” at the office of the said Promotion Committee located in Seongdong-gu Seoul, Seoul. On the same day, the Defendant did not comply with the request from H and I for the perusal and reproduction of the original copy of the “written resolution submitted to the 11st Promotion Committee on March 27, 2018,” respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each accusation;

1. Response to the request for information disclosure and the application of the statutes requesting information disclosure;

1. Article 138 Subparag. 6 and Article 124 Subparag. 4 of the Non-Act on the Maintenance of Urban Areas and Residential Environments, and Selection of fines concerning facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;