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(영문) 서울남부지방법원 2018.08.17 2017고정1053

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Criminal facts

The defendant is the chairperson of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Promotion Committee for the Establishment of Housing Reconstruction Project Association.

The chairperson of a promotion committee shall make public the documents and related data concerning the implementation of a rearrangement project in parallel with the Internet and other methods so that the members, landowners, or tenants can know of them within 15 days after the documents and data are prepared or changed.

Nevertheless, the Defendant, at around 19:00 on July 14, 2016, did not disclose the minutes within 15 days, even though the minutes were prepared at the D church located in Yeongdeungpo-gu Seoul Metropolitan Government, holding the second promotion committee for apartment reconstruction and improvement projects in B B in 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Article 86 Subparag. 6 and Article 81(1) of the Act on the Maintenance of the Urban Community and Residential Environments (Amended by Act No. 14113, Mar. 29, 2016; hereinafter “Act on the Maintenance of Urban Community”); the selection of fines for criminal facts;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is deemed to be against the purpose of the Act on the Law of the Law of the City, which ensures transparency and public nature of the rearrangement project and guarantees the right of its members to know, and thus, the liability for such

However, the punishment as ordered shall be determined by taking into account the fact that the defendant is the first offender, the circumstances leading to the crime of this case, such as failure to conduct duties, the circumstances that may be considered before and after the crime, and the fact that the defendant disclosed the minutes at the latest.

Parts of innocence

1. The Defendant is the chairperson of the Yeongdeungpo-gu Seoul Metropolitan Government Promotion Committee for the Establishment of the Apartment Housing Reconstruction Project Association.

Where an owner, such as a cooperative member or land, requests perusal or reproduction of documents and related materials concerning the implementation of a rearrangement project, the chairperson of the promotion committee shall do so within 15 days.