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(영문) 울산지방법원 2019.10.18 2019고단1249

도시및주거환경정비법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B On May 27, 2003, the president of the D reconstruction Association established in Ulsan-gu, Ulsan-gu, as an executive who exercises overall control over the affairs of the Association, and the defendant A was the head of the said Association, who was in charge of the affairs of the Association.

Where an executive of a cooperative intends to implement a project, such as selecting or replacing a contractor, designer, or appraisal business entity, he/she shall undergo a resolution by the general

Nevertheless, on September 3, 2015, the Defendants conspired to select the architect office as a designer without going through the resolution of the general meeting of the partnership in the above partnership office located in Ulsan-gu, Ulsan-gu, Seoul-gu, and without going through the resolution of the general meeting of the partnership, by concluding a design contract with the E representative director of the E representative director-F for the "construction of the D Complex Facilities"

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to design contracts and covenant of association;

1. Relevant Articles of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 13508, Sep. 1, 2015); Article 85 Subparag. 5 and Article 24(3)6 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 13508, Sep. 1, 2015); Article 30 of the Criminal Act

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act led to the confession of the instant crime; Defendant B has no record of being subject to punishment; and the Defendants’ age, environment, the course and process of the instant crime; and circumstances after the instant crime, etc. shall be determined by taking account of various sentencing factors, including the following factors.