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(영문) 서울서부지방법원 2013.06.12 2012고정1956

도시및주거환경정비법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

In addition to the matters determined by the budget, the officers of the housing redevelopment and consolidation project association shall undergo prior resolution by the general meeting when concluding a contract to become a partner's burden.

Nevertheless, the Defendant, while working as the head of the E Housing Redevelopment Project Association in the business area of Seodaemun-gu Seoul Metropolitan Government D, entered into a contract for delegation of affairs such as registration of preservation of the above association with the above association's office located in Seodaemun-gu Seoul Metropolitan Government, G and H, whose service price is KRW 300 million between the above association's office and the certified judicial scrivener, around December 2008, and around March 9, 2009, with the same place as the above association's 43,564,30 won in relation to the sale of the above 6 households unsold in lots in the above association area.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Legal statement of a witness I;

1. Statement to J;

1. To apply the details of banking transactions (related to payment of expenses for registration of a certified judicial scrivener), contracts, service contracts for certified judicial scriveners, documents on sales in unsold apartments, and details of tax invoices (related to payment of fees to Pung Development Co., Ltd.);

1. Article 85 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the selection of punishment and Article 24 (3) 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The resolution of a general meeting under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the reason for sentencing under Articles 70 and 69(2) of the Criminal Act is to directly affect the rights and obligations of members in relation to urban improvement projects, and it is stipulated in the previous provisions to dissipate existing practices that have infringed upon the rights and interests of members by entering into a contract related to improvement projects at will with a contractor, etc. in connection with the existing improvement projects and to vest the benefits related to the improvement projects to the members.