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(영문) 창원지방법원 마산지원 2014.05.13 2013고정698

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the chairperson of the promotion committee for the establishment of the Korea Housing Redevelopment and Improvement Project Association, the Masan-si, Masan-si, Masan-si, and the above promotion committee was approved by the Msan-si around February 5, 2007.

Where the promotion committee for establishing a rearrangement project partnership intends to select a rearrangement project management contractor, it shall be selected by competitive bidding prescribed by the Minister of Land, Transport and Maritime Affairs after obtaining approval from the promotion committee.

Nevertheless, around July 29, 2011, the Defendant entered into a contract on the improvement project with the “PP” company (AUC) and the “PM” company, which is the registered entity of the rearrangement project management business, within the promotion committee office located in the Masan-si, Chungcheongnam-si, Busan-si, Seoul-si, and then selected the rearrangement project implementer without undergoing a competitive bidding procedure.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Statements of witnesses G and H in the third protocol of trial;

1. Partial statement of each police interrogation protocol against the accused;

1. The defendant and his defense counsel's assertion of the statement by the police officer against G is denied the charges to the effect that this contract did not constitute a contract for the selection of a specialized management businessman for rearrangement projects under the Act on the Maintenance and Improvement

However, according to Article 69 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, a person entrusted or consulted on matters such as vicarious execution of affairs concerning the consent to partnership establishment and consent to rearrangement projects by a promotion committee or partnership which is an implementer of rearrangement projects, vicarious execution of affairs concerning an application for authorization for partnership establishment, review of feasibility, and preparation of implementation plan for rearrangement projects, support for the selection of designer and contractor, vicarious execution of affairs concerning application for authorization for project implementation, and vicarious execution of affairs concerning

However, the above.