도시및주거환경정비법위반
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant, from August 29, 2017 to August 29, 2017, was the president of a partnership for the redevelopment and improvement of B houses (hereinafter “instant partnership”); and that the Defendant was in office as a director of the instant association from August 29, 2015 to August 29, 2017.
In addition to the matters prescribed in the budget, the conclusion of a contract imposing economic burdens on members shall undergo a resolution of a general meeting.
Nevertheless, the Defendant:
A. On February 7, 2017, in order to hold a “general meeting to recommend the dismissal of the president of a cooperative (D)” scheduled to be held on March 4, 2017 at the office of the temporary representative meeting, the Minister of Strategy and Finance entered into a payment contract for KRW 1,421,40, mail expenses, KRW 3,654,850, and KRW 23,800, labor expenses, KRW 91,450,00 (Gong2,000,000, safety personnel, KRW 3,000, KRW 81,60,000, KRW 2,50,000, KRW 2,50,000, and KRW 96,50,5050 without a resolution of the general meeting.
B. A around June 8, 2017:
At the same place as mentioned in Paragraph F, it entered into a litigation delegation contract with the law firm F without a resolution of the general meeting of shareholders on the case of the suspension of the effect of the general meeting resolution 2017Kahap5045 (creditor D, obligor B: Housing Redevelopment and Improvement Project Association) with respect to the commencement amount of 8,000,000 won, and the contingent fee of 8,000,000 won.
As a result, the defendant concluded a contract that imposes economic burdens on the members, without the resolution of the general meeting, in addition to the matters set out in the budget.
2. Determination
A. Determination on the service contract as of February 7, 2017 1) former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).
Article 85(5) of the Union (including a professional administrator of the Association).
In addition to the matters prescribed in the budget without the resolution of the general meeting, if a person voluntarily implements a contract to become a partner, it is an identification crime.
On the other hand, the Gu.