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(영문) 부산지방법원 2018.01.11 2017고정333

도시및주거환경정비법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

Where a cooperative member or a landowner requests perusal or reproduction of documents and related materials concerning the implementation of improvement projects, the chairperson of the cooperative establishment promotion committee shall comply with such request within 15 days.

The Defendant, as the chairperson of the Promotion Committee for the Establishment of an Urban Environment Improvement Project Association, failed to comply with the request within 15 days without justifiable grounds, even though he/she received a request for perusal or reproduction of the list of owners of land, etc. and the written consent for the establishment of an association, meeting minutes of the Promotion Committee, audit report, etc. from the owner of land, etc. in the office of the Promotion Committee located in Geumcheon-gu in Busan Metropolitan Government from the owner of land, etc. in the above improvement zone, on four occasions, including September 1, 2015, around September 21, 2015, around November 4, 2015, and around December 29, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written request for disclosure of each data (the 7th, 12th, 14th, 19, 46th, 47, 48th, 48th, and 16th of the investigation records);

1. Application of Acts and subordinate statutes to the investigation records (a copy of the investigation records, 58 pages of the investigation records), non-explosive documents circulation records (30 pages of the investigation records);

1. Article 86 of the Act applicable to the facts constituting a crime and subparagraph 6 of Article 86 and Article 81 (6) of the Act on the Maintenance of Dwelling Conditions for Urban Areas and Dwelling Conditions for Residents;

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;