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(영문) 서울중앙지방법원 2017.10.17 2017고정1400

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of KRW 900,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From February 2013, the Defendant is a person who has been in charge of the president of a partnership for a redevelopment and improvement project of D houses (hereinafter “D partnership”) from around February 2013 to the present.

The chairperson of the redevelopment promotion committee and the head of the partnership shall, when the documents and relevant data concerning the implementation of the partnership improvement project are prepared or modified, make them public within 15 days through the Internet and other means to make them known to the association members, owners of land, etc. and tenants.

1. The Defendant related to the minutes did not disclose the minutes on the Internet, etc. 41 times in total from around March 3, 2014 to October 7, 2016, including the fact that the 10th board of directors was proceeding with respect to D association’s business and the minutes thereof were prepared, and the minutes were not disclosed on the Internet, etc. within 15 days.

2. Relevant crimes, such as official documents, etc., committed by the Defendant was committed on or around February 7, 2013 at a place in Seoul, the following: (a) the Defendant implemented the official document “Notice of Authorization to Establish D Housing Redevelopment Project Association”; and (b) did not disclose it on the Internet, etc. within 15 days from the above date to February 28, 2017; and (c) did not disclose the official document regarding the implementation of the relevant rearrangement project on the Internet, etc. on a total of 161 occasions (excluding once a year, 25, 41, 44, 48, 57, 64, 67, 69, 71, 74, 78, 118, etc.).

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Each police statement made to F and E;

1. Supplement of omitted data, such as the current status of disclosure of a clean business system, part of the book of the general meeting for approval for the implementation of the relevant project, copy of a contract for maintenance business, each written statement and written opinion, materials sent by mail, minutes and official books;

1. Application of each police investigation reporting statute;

1. Article 86 of the Act on the Maintenance of the Dwelling Conditions for the Urban and Residential Environments, for each category of crime and for each category of choice of punishment;