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(영문) 춘천지방법원 2016.05.25 2016고정149

도시및주거환경정비법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The chairperson of a promotion committee or a project implementer (or an executive officer of a partnership in cases of a partnership) shall make public the documents and related data concerning the implementation of a rearrangement project in parallel with the Internet and other methods so that the members, landowners, etc. or tenants can know them within 15 days from the date on which such documents

On September 27, 2014, the Defendant assumed office as the president of the “D Housing Reconstruction and Improvement Project Association” partnership, and did not disclose the minutes, etc. of meetings, etc. within 15 days, in collusion with E and F, a director of the said association, in holding the said association’s extraordinary meeting at the H church located in Chuncheon-si, G on September 27, 2014, even though the minutes were not disclosed simultaneously through the Internet and other means, and from around that time until January 9, 2016, the Defendant did not disclose the minutes, etc. of meetings, etc. within 13 times in total, as shown in the list of crimes in the attached Table, such as:

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Article 86 of the Act applicable to the facts constituting a crime, Article 86 of the Act on the Maintenance of Urban Areas and Residential Environments, and Articles 86 subparagraph 6 and 81 (1) of the Act, and the selection of fines

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act reflects the Defendant’s mistake in depth, the Defendant has no record of being punished for the same kind of crime, there is no record of gross criminal punishment heavier than suspension of qualification, some circumstances to take into account the circumstances, and the possibility of recidivism in the future seems to be low, and other circumstances constituting the conditions for sentencing, including the Defendant’s age, sexual conduct, environment, means and consequence of the instant crime, the circumstances after the crime, and attitude in this court, etc., shall be determined as indicated in the Disposition.