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(영문) 서울동부지방법원 2013.09.11 2012고단2988 (1)

도시및주거환경정비법위반

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a director of the D Reconstruction Project Association.

Matters concerning loans, methods of such loans, interest rates, and methods of repayment shall be determined by the resolution of the general meeting of the association.

Nevertheless, on April 26, 2010, the Defendant conspired with E, F, and G, the president of the partnership, and received a loan of KRW 143 billion from the Korea Investment Trust Securities to ABCP (asset-backed enterprise bill) and paid KRW 64 billion to H, the contractor, with payment of KRW 72 billion.

As a result, in collusion with E, F, and G, the president of the partnership, and the executive officers of the partnership did not go through the resolution of the general meeting and carried out the project at will by setting forth the methods of borrowing funds, interest rate, and method of repayment.

Summary of Evidence

1. Each legal statement of Defendant E, F, A, and G in the first trial record;

1. A witness I and each part of the court's each legal statement;

1. Some statements in the suspect examination protocol of Defendant E, F, A, K, and G by the prosecution;

1. Part of the statement made by the police officer concerning I;

1. The application of Acts and subordinate statutes to events, actual inquiries, and correspondence to citizens;

1. Article 85 subparagraph 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 24 (3) 2 of the same Act, Article 30 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Around April 2010, the Defendant and the defense counsel asserted D Reconstruction Maintenance and Improvement Project Association (hereinafter the instant association) assumed the obligation of KRW 72 billion for the unpaid construction cost and KRW 64 billion to the National Bank, Inc., H (hereinafter the “H”), which is a contractor, with the obligation of KRW 72 billion for the unpaid construction cost, and the obligation of KRW 64 billion for the National Bank. However, the National Bank notified the Defendant, including the Defendant, that the maturity on March 27, 2010, cannot be extended further due to the above loan, the maturity of which is April 27, 2010.