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(영문) 서울북부지방법원 2016.11.02 2016고정612
도시및주거환경정비법위반
Text

Defendant

A A shall be punished by a fine of KRW 700,000 and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A worked as executive officers of the D Housing Redevelopment and Improvement Project Association from November 26, 2009 to October 10, 201, and from October 10, 201 to May 7, 2014.

Defendant

B From November 26, 2009 to November 7, 2011, B performed activities as a non-standing director of the said union; from June 15, 2012 to May 7, 2014; and from May 7, 2014 to the acting director of the said association; and from May 7, 2014 to February 9, 2015, performed activities as an officer of the said association.

Where a partnership implementing a housing redevelopment project falling under a rearrangement project prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents determines the matters such as the loan and method thereof, interest rate, repayment method, use of rearrangement project expenses, contract to become a partner's burden, etc., other than

Nevertheless, the Defendants acted in collusion without the resolution of the general meeting of the partnership.

1. On April 25, 2013, at the office of the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association, the said association borrowed KRW 2 million from Defendant A under the pretext of partnership operation expenses, etc., as well as, from around that time to May 21, 2015, the said association borrowed funds of KRW 39,451,54 on a total of 53 occasions as shown in the attached list of crimes in the attached list of crimes, thereby borrowing funds from the said association without a resolution of the general meeting of the said association, and borrowing funds from the association without a resolution of the said association’s general meeting, and concluding a contract for money borrowing that imposes a burden on union members’ repayment obligations, other than those prescribed in

2. From January 3, 201 to April 24, 2013, KRW 817,826,515 of the rearrangement project cost of the said partnership was used for purposes other than those determined in advance by the general meeting resolution.

Summary of Evidence

1. Legal statement of witness F;

1. Each police suspect interrogation protocol of G, H, and I;

1. Statement made by the police of the F;

1. A complaint;

1. The period of service as an executive of the association;

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