도시및주거환경정비법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. When applying for information disclosure in the name of D, E, etc., the president of G affairs of L law firm by mistake of facts or misapprehension of legal principles and submitted only a letter of delegation of litigation that D, E, etc. delegate the power of attorney to L law firm.
The defendant, upon consultation by a lawyer at the time, refused the request for disclosure of information by determining that it is difficult to see that the G office chief has been legally delegated with the above litigation delegation.
Therefore, there was a justifiable reason that the defendant did not allow D and E to peruse or copy documents regarding the implementation of the rearrangement project, and there was no intention to commit the crime.
Therefore, the court below found the defendant guilty of violating the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. The facts charged and the judgment of the court below
A. The Defendant was the president of the Housing Redevelopment Development Project Association (hereinafter “instant partnership”) from May 18, 2010 to February 19, 2016.
Where the members or owners of land, etc. request perusal or reproduction of documents and related materials concerning the implementation of an improvement project, such as a project implementation plan and a management and disposal plan, a promotion committee chairperson or project implementer shall comply therewith within 15 days.
Nevertheless, on December 14, 2015, the Defendant did not comply with the request for perusal or reproduction of documents related to the implementation of the rearrangement project, such as the application for approval of the project implementation plan, permission, management and disposal plan, and the approval for the modification of the management and disposal plan, at the above partnership offices located in Mapo-gu Seoul Metropolitan Government C2, by D or E, the land partner or landowner, etc.
B. The lower court found the Defendant guilty of the instant facts charged by integrating the evidence presented in its judgment.
3. Determination of the immediate deliberation