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(영문) 서울서부지방법원 2014.12.17 2014고단1083

도시및주거환경정비법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is the head of the cooperative, from July 11, 2005 to March 16, 2007, when a housing redevelopment project consisting of 283,260.70 square meters (85,687 square meters) and 2,241 members of the cooperative (hereinafter “F”) held office as the president of the promotion committee from the time when the housing redevelopment project was authorized on July 11, 2005 (hereinafter “promotion committee”), while Defendant A was appointed as the head of the cooperative, from July 1, 2007 to March 16, 2009, from March 17, 2009 to May 29, 2009, to the head of the cooperative, from March 17, 2009 to May 14, 2012, and was in charge of overall operation of the association’s affairs.

Defendant

B, from November 27, 2009 to January 13, 2012, is a person who holds office as the president of the three-year partnership and has overall control over the affairs and operation of the partnership.

2. Violation of the Act on the Maintenance of Urban and Residential Environments by paying attorney fees.

A. On October 29, 2007, Defendant A, who was in office as the president of the above union promotion committee, the first and second union presidents, used 1.5 billion won at the management and disposition assembly until September 11, 2008 at the management and disposition assembly of the union for the purpose of using the rearrangement project costs, such as entering into an additional contract for attorney appointment and paying attorney fees, etc., after all using 1.5 billion won from September 29, 2008, the pertinent amount is insignificant and, unless urgent, subject to prior resolution of the general assembly. However, around May 27, 2009, Defendant A spent 16,50,000 won at the expense of the litigation to confirm the invalidity of the resolution of the general assembly (No. 40-43) and paid 59,793,080 won for more than 41,00 won under the pretext of the general assembly without a resolution from May 28, 2009.

B. Defendant B, while holding office as the president of the above three-year partnership, used 1.5 billion won, which was set at the general meeting of the management and disposal association on October 29, 2007, as attorney fees and legal expenses, from September 11, 2008 by the former president A, etc.