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

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

Punishment of the crime

The defendant is the representative of the Daejeon Pung-gu Council (tentatively named)C to construct housing.

A person who intends to recruit association members in order to obtain authorization for the establishment of a regional housing association or workplace housing association shall report to the head of the competent Si/Gun/Gu and recruit association members by means of open recruitment, and the same shall also apply where he/she changes the reported details

Although the Defendant reported a solicitation notice to the Sung-gu Office of Daejeon Metropolitan City, the competent Gu office, as a contract deposit of KRW 27 million (including the cooperative agency fee of KRW 16 million), the Defendant collected 641 members, by changing the down payment from November 3, 2018 to December 26, 2018, without reporting a change in the item of the Daejeon P Building E, from November 3, 2018 to December 26, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Written accusation of the head of the relevant Gu;

1. The tentative name, the public notice of recruitment of union members (change), the G District Housing Association, and the sale price table of housing associations;

1. Each subscription contract, deposit certificate (H, I, and J) (the defendant and the defense counsel did not report that they receive KRW 27 million in a public notice of solicitation reported to the Sung-gu Office, but reported that they received KRW 43 million as down payment (i.e., KRW 16 million in an agency charge of KRW 27 million). The defendant and the defense counsel asserted to the effect that they are not subject to the report of change because they collected only KRW 39 million in the amount initially reported, which is less than KRW 43 million in the amount initially reported.

The purpose of Article 11-3 of the Housing Act is that a person who intends to obtain authorization for the establishment of a housing association without the management and supervision of the competent administrative agency when recruiting association members for the purpose of authorization for the establishment of a housing association has performed an act of autonomously recruiting association members. Accordingly, it is impossible to grasp the current status of an administrative agency's recruitment of association members before the authorization for the establishment of a housing association.