(영문) 서울북부지방법원 2011. 10. 27. 선고 2011고단1638 판결[도시및주거환경정비법위반][미간행]
Defendant 1 and one other
Freeboard
Law Firm Gyeongsung (private-party for all the defendants)
Defendants shall be punished by a fine of KRW 2,000,000.
In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for a period of 50,000 won converted from one day to one day.
In order to order the provisional payment of an amount equivalent to the above fine.
Defendant 1 is a person who was the head of the Dongdaemun-gu Seoul ( Address 1 omitted) ○○○ Housing Redevelopment and Development Project Association, and the Defendant, as a general director of the partnership, in collusion with each other.
1. On December 16, 2009, the Plaintiff selected “△△△ Construction Office” without a resolution of the union’s general meeting on the selection of the removal supervisor as a resolution of the union’s general meeting at the office of ○○○○ Housing Redevelopment and Improvement Project Association located in Dongdaemun-gu Seoul ( Address 2 omitted) and violates the Act on the Maintenance and Improvement of Urban Areas
2. The officers of a union shall, upon the request of a member, disclose the information pertaining to the union;
On January 28, 2009, Non-Party 1 applied for the disclosure of the attorney's fees appointed by the union members in the case related to the union, but rejected it and thereby violated the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents
3. On January 18, 201, Nonindicted 2 and 3 applied for the disclosure of data on the date of selection and method of selection according to the selection of △△ Construction Office, details of supervision expenses, details of payment of removal expenses, asbestos-related payment, etc. at the partnership office, but refused to comply with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
1. Defendants’ respective legal statements
1. Part of each police interrogation protocol against the Defendants, Nonindicted 5, 6, and 7 (including the part concerning Nonindicted 4, and 1 statement)
1. Each police statement made against Nonindicted 1 and 4
1. Complaint;
1. Article relevant to the facts constituting an offense and the selection of punishment;
Each Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 85 subparagraph 5, Article 24 (3) 5, Article 86 subparagraph 6, Article 81 (1) 2, 6, and 8 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 30 of the Criminal Act
1. Aggravation for concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code
1. Detention in a workhouse;
Articles 70 and 69(2) of the Criminal Code
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
For the purpose of transfer to judge