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Reasons
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(영문) 수원지방법원 2016.10.13 2016고정1471
도시및주거환경정비법위반
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who served as the president of the Housing Reconstruction Project Association of the Gu during the period from January 20, 2006 to January 20, 2014.

In addition to the matters prescribed in the budget, a contract to be borne by members shall undergo a resolution of the general meeting.

1. On April 11, 2013, the Defendant, at the law firm E office located in Ansan-gu, through a resolution of a general meeting of partners, without undergoing a resolution of the association members, and concluded a notarial deed stating that “the Defendant, who is the president of the association, borrowed KRW 13,539,100 from F to 10% interest per annum on December 31, 2013” and “the Defendant, as the president of the association, borrowed KRW 13,539,100 from F on April 11, 2013 to December 31, 2013, the Defendant borrowed KRW 13,141,500 from F on December 31, 2013,” without undergoing a resolution of the general meeting of the association members, was liable for the burden of the association members.

2. Around December 4, 2013, the Defendant prepared a notarial deed stating that “the Defendant, the president of the partnership, borrowed KRW 35,000,000 from G on May 30, 2014 at the same place,” and that “The Defendant, the president of the partnership, borrowed KRW 35,00,000 from G on May 30, 2014,” and entered into a contract to become a partner’s burden, other than those stipulated in the budget without

3. Around January 16, 2014, the Defendant: (a) prepared a notarial deed stating that “the Defendant, the president of the partnership, borrowed KRW 35,300,000 from H on August 30, 2014 due date on or around March 2008; and (b) entered into a contract to become a partner’s burden in addition to the matters stipulated in the budget without the resolution of the general meeting of the association members.”

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the first police interrogation protocol against the accused ( September 10, 2015);

1. Second-time protocol of the examination of suspect against the defendant ( September 24, 2015);

1. Each police statement made to F, I, G, H, and J;

1. A copy of the loan certificate (nine cases in the name of the association);

1. Copy and details of a bankbook of the association (A bank K);

1. Copy of a bankbook and details thereof;

1. A list of depositors in the I Account and a book of account opened and withdrawn;

1. The certificate of loan;

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