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(영문) 서울중앙지방법원 2012.10.25 2012고정2905
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant has worked as the head of the Seongbuk-gu Seoul Family Redevelopment Project Association from around 2007 to June 201.

When implementing the above rearrangement project, the defendant shall undergo a resolution at the general meeting of the partnership in concluding the contract to become a partner, in addition to the matters prescribed in the budget.

Nevertheless, the Defendant entered into a contract for the removal of urban gas in the amount of KRW 310,00,000 of the construction cost, quarterly closure, fire hydrants removal and removal of urban gas at KRW 180,000 of the construction cost, and entered into a contract for the removal of urban gas at KRW 180,00,000 of the construction cost, and entered into a contract for the removal of urban gas at KRW 140,00,00 of the construction cost, on November 1, 2010 of the construction cost and the construction cost with KRW 140,00,00 of the construction cost and the construction cost with KRW 140,00,00 of the construction cost and the construction cost, and entered into a contract for the removal of urban gas at KRW 55,00,00 of the construction cost and KRW 55,000 of the construction cost and KRW 140,000 of the construction cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Police statements about E;

1. Application of Acts and subordinate statutes to a copy of a standard contract for construction works and a detailed statement;

1. Relevant provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents concerning criminal facts and the selection of punishment, and Article 85 subparagraph 5 of the same Act and Article 24 (3) 5 of the same Act;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The association’s general meeting for the establishment of a management and disposal plan on June 19, 2009 had already passed a resolution on waste disposal expenses (59,041,300 won), interest facilities (303,255,000 won), and other reserve funds (2,255,426,000 won) at the general meeting of the association. Since each of the instant service contracts entered into thereafter is within the scope of the above budget, each of the instant services contracts shall be deemed to have already passed a resolution at the general meeting of the association.

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