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(영문) 서울중앙지방법원 2018.03.27 2017고정3735
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the president of the “D Housing Reconstruction Improvement Project Association”.

The head of a reconstruction association shall disclose the minutes, audit reports, etc. of the Committee, the general meeting of residents, the general meeting of associations, and the board of representatives and the board of representatives of the association, the audit report, etc. in parallel with the Internet within 15 days after the documents and relevant data are prepared or amended so that the members, landowners, or tenants can know them.

Nevertheless, from May 4, 2013 to March 7, 2017, the Defendant did not disclose the annual fund management plan, service company selection contract, etc. to the Clater in Seoul, a total of eight times as shown in the List of Crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to the notification of audit results related to the clean business system;

1. Article 86 Subparag. 6 and Article 81(1) of the former Act on the Maintenance of Residential Environments and Dwelling Conditions (Amended by Act No. 14567, Feb. 8, 2017); Selection of fines for criminal facts;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. Since the instant association operates a cooperative website separate from the Seoul Metropolitan Government clean business system, there was no data disclosure on the Internet only on the part of not entering data in the clean business system.

It shall not be readily concluded.

B. The facts charged in Section 1, 4, 6, and 7 of the List of Offenses are in violation of the principle of statutoryism in the crime, which was not disclosed in whole despite the disclosure of some of the annual fund management plans.

(c)

The defendant did not have the intention to violate the Urban and Residential Environment Rearrangement Law.

2. Determination

A. On the first argument, the record reveals that the Defendant is Seoul Special Metropolitan City.

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