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(영문) 인천지방법원 부천지원 2017.08.17 2017고정143
도시및주거환경정비법위반
Text

1. The defendant shall be punished by a fine of 700,000 won;

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

Reasons

Punishment of the crime

The defendant is the head of the Urban Environment Improvement Project Association.

1. No executive officer of an association in violation of the provisions of the Act on the Establishment of Urban Areas and Residential Environments concerning voluntary borrowing of funds shall arbitrarily implement matters concerning the borrowing of funds, the method thereof, interest rate, and method of repayment without going through a resolution of the general meeting comprised of

Nevertheless, the Defendant, without going through the resolution of the general meeting from around 2013 to around 2014, concluded at will a monetary consumption lending contract with the content that the Defendant lends 86,308,086 won to the said union over 20 times.

2. An executive, etc. of a cooperative in violation of the provisions of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments, who has failed to disclose data on a rearrangement project, shall also disclose the documents and relevant data relating to the implementation of the rearrangement project in parallel with the Internet within 15 days after the documents and data are prepared

Nevertheless, from around 2013 to 2016, the Defendant did not disclose the service contract, attorney appointment contract, and annual fund management plan with D Co., Ltd. via the Internet.

Summary of Evidence

1. Statement by the defendant in court (second time);

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A copy of the book of the general meeting of shareholders, which is extracted from a complaint, articles of incorporation, written contract with D on August 2015, details of expenses incurred in appointing each attorney-at-law, statement of accounts, monthly statement of loans, and matters concerning annual fund management plans;

1. Application of Acts and subordinate statutes on each screen of the union Internet homepage;

1. Article 85 subparagraph 5 of the Act on the Maintenance of Urban Areas and Residential Environments, and Article 85 subparagraph 2 of the Act on the Maintenance of Urban Areas and Residential Environments, and Article 24 (3) 2 of the Act on the Maintenance of Urban Areas and Residential Environments (the selection of a fine, including voluntary borrowing of funds), Article 86 subparagraph 6 of the Act on the Maintenance of Urban Areas and Residential Environments, and Article 81 (1) of the Act on the Maintenance of Urban Areas

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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