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(영문) 창원지방법원 2020.11.27 2020고정592

주택법위반

Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A From May 26, 2018, the head of the relevant regional housing association is a person in charge of overall management of the affairs of the said association, and Defendant B is a director of the said association from December 16, 2018 to December 16, 2018 in charge of civil petitions, such as the disclosure of information of the said association.

An officer of a housing association shall make public the documents and related data related to the enforcement of the housing association in parallel with the Internet and other methods to make them known to its members within 15 days after the documents and data are prepared or changed.

1. Defendant A’s sole criminal defendant held a board of directors meeting on June 5, 2018 and posted the notice on the “information disclosure” bulletin board of the Internet homepage (D) of the said union on March 6, 2019 where 15 days elapsed, despite the fact that the minutes of the board of directors meeting were prepared on or around June 5, 2018, and even from June 5, 2018 to November 30, 2019, Defendant A did not disclose them on the Internet within 15 days from each date of preparation, as described in No. 1 to No. 81 in the list of crimes in the annexed list of crimes.

2. The Defendants, in collusion, held a board of directors meeting minutes on December 18, 2018 and posted them on the “information disclosure” bulletin board on the Internet homepage (D) of the said association’s website on March 6, 2019 where 15 days elapsed since March 6, 2019, and the Defendants, from around December 18, 2018 to December 27, 2019, did not disclose them on the Internet within 15 days from each date of preparation, even though 145 documents were prepared as described in Nos. 82-2 and 226 in the separate list of crimes from around December 18, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol of E or F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 104 subparagraph 2 of the Housing Act and Articles 104 and 12 (2) of the same Act concerning the facts constituting an offense, and Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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