beta
(영문) 부산지방법원 2021.02.17 2020고정227 (1)

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

The defendant is the head of the partnership of the redevelopment and rearrangement project partnership in the area B of Busan Jin-gu.

The chairperson of the redevelopment and improvement project association or the project implementer shall make public the documents and related data related to the implementation of the rearrangement project in parallel with the Internet and other methods within 15 days after the documents and data are prepared or changed so that its partners, etc. can be informed of them.

1. On July 14, 2017, the Defendant entered into a design change service contract, on or around July 14, 2017, in relation to the redevelopment and improvement project of the said housing, the content of the said modified contract was not disclosed via the Internet, etc. within 15 days after the Plaintiff entered into the “A contract for design change of construction water” with the “A dispute resolution committee.”

2. On January 18, 2019, the Defendant entered into a design change service contract on the redevelopment project of the foregoing housing on or around January 18, 2019, the content of the modified contract was not disclosed via the Internet, etc. within 15 days after it entered into a design change service contract with D and D.

Summary of Evidence

1. Design modification service contract and design modification service contract for a building upon the closure of the Defendant’s partial statement improvement project website (the Defendant and his/her defense counsel asserted to the effect that the date, which is not the actual date of disclosure, is indicated as the public date due to the error in the integrated website of rearrangement project operated by the Busan Metropolitan City, but no data corresponding thereto was submitted);

Application of Statutes

1. Article 138 (1) 7 and Article 124 (1) of the Act on the Maintenance of Dwelling Conditions for the Urban Areas and Residential Environments, for which the relevant provision of the Act and punishment are applicable to facts constituting a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;