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(영문) 서울서부지방법원 2016.03.25 2015고정1700

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the president of the Eunpyeong-gu Seoul Housing Redevelopment Association.

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

Nevertheless, the Defendant, after preparing the minutes of the meeting of the Council on January 3, 2012 and making them public on February 27, 2012, 15 days past the 15th day after preparing the minutes of the meeting on February 27, 2012, published 76 documents and related data, including 18 cases related to the minutes, 1 case of service companies selection contract, 33 cases related to public documents to conduct the business, 16 cases related to public documents to conduct the business, 2 cases related to public notice, and 6 cases related to authorization for the implementation of other business, and violated the duty to disclose 88 documents and related data, as stated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Details of holding data subject to disclosure of the clean business system, revenue and expenditure report, service expense contract, minutes, construction contracts, construction contracts, calendar contracts for business, revenue and expenditure reports, annual funds and accounting audit data, official documents for conducting business, disclosure, and application of Acts and subordinate statutes to the public announcement;

1. Subparagraph 6 of Article 86 and Article 81 (1) of the Act on the Maintenance of Urban Areas and Residential Environments, concerning facts constituting an offense;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;