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(영문) 광주지방법원 2018.09.20 2018고정440
주택법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is the president of the “C Regional Housing Association” under the title “C Regional Housing Association” in order to build multi-family housing of 751 households on a total of 16,450 square meters of land in Gwangju Northern-gu B.

Where a member of a housing association requests the perusal or reproduction of documents related to the implementation of a housing association project and related data, the executives of the housing association shall comply with such request within 15 days.

1. The Defendant, on December 26, 2017, did not comply with the request by a member D to peruse and copy the documents on land acquisition, the meeting minutes of the board of directors, and the statement on all the accounts in which the operating expenses of the association were used, even though he/she received a request from the member D for perusal and reproduction of the documents on all the accounts in which the operating expenses of the association were used, until January 9, 2018.

2. On January 20, 2018, the Defendant did not comply with the above request by February 3, 2018, even though he/she received a request for perusal or reproduction of data, such as the documents for securing land, list of persons who have not returned to the land, and the relevant lot of index, and all of the service contracts of the agency from the members E, and even if he/she received a request for perusal or reproduction of the data, the Defendant did not comply with the said

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Each application for inspection;

1. Application of statutes governing the verification of disclosure of data;

1. Relevant Article of the Act and Articles 104 subparagraph 3 and 12 (2) of the Act on the Punishment, etc. of Specific Crimes;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [This Article 334(1) applies to the disclosure of relevant data on the Internet or limited the disclosure of some data by a resolution of the board of directors

Even if the defendant, who is an executive of the housing association, is not allowed to refuse the request for perusal and reproduction of documents and related data concerning the implementation of housing projects by the members of the association.

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