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(영문) 수원지방법원 안양지원 2018.01.12 2017고정351

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, without the resolution of the general meeting, entered into a contract with the service company without the consent of the general meeting, as the president of the C Housing Redevelopment and Development Project Association in Ansan-gu, and entered into 37 contracts (a total contract amount shall be 3,085, 170, 273 won), other than those stipulated in the attached list of crimes from the time to January 18, 2016, where the Defendant entered into a contract with D without the consent of the general meeting of the association in order to become a partner in addition to the matters stipulated in the budget, despite the resolution of the general meeting of the association.

2. Notwithstanding the fact that the Defendant, as the president of the Housing Redevelopment and Improvement Project Association in the Gu-gu B during the period of Ansan-si, has to make public the agreement in parallel with the Internet and other methods within 15 days after the written contract for the selection of the service company, the Defendant did not make public within 15 days from the date when the written contract for the promotion service of the ordinary general meeting was prepared with E on March 4, 2013, and did not make public the agreement within 11,12,19,20,25,27, 28, 29, 37, total of 10 contracts in attached Table No. 11, 12, 19, 20, 27, 28, 29, 34, and 37 within 15 days from the date when each contract was made.

Summary of Evidence

1. The defendant's legal statement (as to the facts No. 2 in its holding)

1. The defendant's partial statement (as to the facts No. 1 in its holding)

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to written complaints and supplementary written opinions on complaints;

1. Article 85 Subparag. 5 and Article 24 Subparag. 3 Subparag. 5 of the former Act (amended by Act No. 13912, Jan. 27, 2016; hereinafter “former Act”) (amended by the Act No. 13912, Jan. 27, 2016; hereinafter “former Act”) on criminal facts: (a) the budget is prescribed without a resolution of a general meeting.