The chairperson of the promotion committee or a project implementer shall make public both the Internet and other methods to make it possible for its members, owners of land, etc., or tenants to know of the contract and related data within 15 days after preparing or changing the contract and related data for the selection of the service company

Around November 2017, the Defendant prepared a service contract for the sale of commercial buildings by proxy (hereinafter “instant service contract”) between the said union and D Co., Ltd., and on November 13, 2017, the Defendant did not disclose each of them 15 days after the date of preparation, even though the written contract for the sale of commercial buildings by proxy was prepared between the said union and D Co., Ltd. (hereinafter “instant contract for the sale of commercial buildings”).

2. According to the records, on October 1, 2019, the Defendant was sentenced to a fine of KRW 80,000,000,000,000,000 (Seoul Western District Court Decision 2019Da5866), which was finalized around that time (Seoul Western District Court Decision 2019Ma586), and on December 18, 2019, the Seoul Western District Court sentenced the Seoul Western District Court to a fine of KRW 30,000,00,00,000, including the instant mortgage contract, that “if working as a partnership of the CHousing Redevelopment Project, the Defendant did not disclose four documents, including the instant mortgage contract, at the expiration of 15 days after the preparation or alteration thereof, while working as a partnership of the CHousing Housing Redevelopment Project,” and the judgment became final and conclusive around that time (Seoul Western District Court Decision 2019DaMa6544, supra).

According to this, res judicata of each of the above final and conclusive judgments extends to the facts charged in this case.

Thus, the facts charged in this case constitute a final judgment, and thus, a judgment of acquittal is to be rendered in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act.