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(영문) 서울서부지방법원 2014.06.13 2014노277
입찰방해등
Text

1. The judgment below is reversed.

2. The Defendants shall be punished by a fine of seven million won.

3. The above fine shall be imposed on the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts (the part of the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in the original judgment) committed by the Defendant as the president of the redevelopment association (hereinafter “instant association”) as the president of the E redevelopment association (hereinafter “instant association”) on the attached list of crimes (hereinafter “each service contract of this case”) constitutes a matter of having been set of each service contract as the project cost budget decided at the special general meeting of the union on September 11, 2008, and the actual contract amount increased shall be included in the scope of the reserve fund, the lower court convicted the Defendant on the ground that the Defendant was found guilty on the ground that the contract that would become a partner’s burden was concluded without going through the resolution of the general meeting

(2) The sentence of the lower court on the sentence of unreasonable sentencing (the imprisonment of eight months and the suspension of execution of two years) is too heavy.

B. Defendant B’s sentence (two months of imprisonment and two years of suspended execution) is too heavy.

2. Determination

A. (1) The summary of the facts charged in this part of the facts charged is that Defendant A, on March 28, 2011, held a temporary board of directors of the redevelopment association and selected six service companies as shown in the attached list of crimes in advance. On May 7, 2011, at the end of the general meeting of the union members, he/she instructed the general secretary of the above association to prepare a contract with the above six service companies at the FF office located in Seoul Mapo-gu Seoul Metropolitan Government H building 601, thereby having them prepare a written agreement with the above six service companies in addition to the matters set forth in the attached list of crimes, without going through a resolution of the general meeting of the union members. Accordingly, the E redevelopment association arbitrarily promoted the project that will be borne by the union members in addition to the matters set forth in the budget without going through a resolution of the general meeting of the union members.

(2) The lower court’s judgment, in addition to the matters set forth in the budget, imposes a burden on union members.

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