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(영문) 의정부지방법원 고양지원 2018.11.23 2018고정921
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant was the president of B Housing Maintenance and Improvement Project Association (hereinafter referred to as the "Union of this case").

Where a person who owns land, etc. requests perusal or reproduction of a list of association members, a project implementation plan, details of monthly deposits and withdrawals of funds, official documents on the implementation of the relevant rearrangement project, etc., the executive officers of the association shall comply with such request within 15 days.

Nevertheless, on January 31, 2018, the Defendant received a postal item that requested reproduction of documents, such as the list of union members, business implementation plan, details of monthly deposit and withdrawal of funds, official documents regarding the implementation of the relevant rearrangement project, etc., sent by E, who is a member of the instant association, within 15 days from the date of such request.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Written accusation (including attached papers);

1. Investigation report (Submission of Materials Appellant) [The documents and related materials for which the defendant requested perusal or duplication by members E are already kept in the office or are not held by members, and E requests perusal or duplication again to the defendant even though he has already been aware of the contents of the above materials. Thus, there is a justifiable reason for the defendant to refuse perusal or duplication;

The argument is asserted.

The former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply) imposes an obligation to comply with the request on a project implementer, if the project implementer makes a request for perusal or reproduction of documents and relevant data on the Internet and by other means (Article 81(1)). The scope of documents and relevant data subject to the duty to peruse or copy is set forth in Article 81(1) of the said Act.

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