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(영문) 수원지방법원 2016.07.14 2016고정1036

도시및주거환경정비법위반

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, as a lawyer, was appointed as the principal of the partnership of Suwon District Court 2013Kahap 487 as the principal of the partnership of Suwon-si, Suwon-si, upon the decision of the above court in the case of application for disposition.

An executive officer of a cooperative shall make public both the Internet and other methods to make it possible for the association members, landowners, etc. or tenants to know of the fact within 15 days after a letter of contract for selection of service enterprises, such as a designer, constructor, removal business entity, and a specialized management business entity for rearrangement projects, is prepared or amended.

Nevertheless, on February 6, 2015, the Defendant entered into a service contract with D in the construction office, and did not disclose the contract within 15 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The chief of the accusation (including attached materials) (Article 86 subparagraph 6 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, Article 81 (1) of the Act provides that the defendant is a person who committed a crime limited to "the chief of the promotional committee or an executive officer of the partnership". It is alleged that the extension of the person who was appointed by the court to act as the chief of the partnership is against the principle of law. However, Article 27 of the Act on the Maintenance and Dwelling Conditions of Urban Areas and Dwelling Conditions provides that the provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to the partnership except as otherwise provided for in this Act. According to Articles 52-2 and 60-2 of the Civil Act, a person who was appointed by the provisional injunction may perform an act falling under the ordinary affairs of the corporation, except as otherwise provided for in the provisional injunction order. The chief of the partnership's representative or executive officer of the housing redevelopment project partnership may perform the affairs belonging to the ordinary affairs of the partnership within the extent of management while maintaining and managing the partnership as before.