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(영문) 대구지방법원 2017.06.15 2017고단1887
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

From around 2007, the Defendant promoted a housing reconstruction improvement project in the Daegu Dong-gu C Group.

C. The president of the Promotion Committee for the Establishment of the Housing Reconstruction Improvement Project Association (hereinafter referred to as the “Promotion Committee of this case”) was assigned to the head of the association of the Housing Reconstruction Improvement Project Association (hereinafter referred to as the “Building Project Association of this case”) which has been authorized to be established since then, and was the representative of the said Promotion Committee and the association, who is the executor of the said Housing Reconstruction Project, was the representative of the said Promotion Committee and the association, within the scope of the identity of the facts charged, partly the facts charged was revised in accordance with the evidence.

Where the sum of the amount paid or paid and the amount determined to be paid through contracts, etc. before the promotion committee transfers it to the partnership exceeds 350,000 won, the accused shall undergo an external audit within seven days before the company is transferred to the partnership, and the audit results shall be reported to the head of Si/Gun within 15 days from the date the audit is completed, and the audit results shall be reported to the relevant partnership for public perusal.

Nevertheless, the Defendant, after the approval of the instant promotion committee on November 7, 2007, failed to perform the audit of external audit within seven days before the total amount of expenditure or expenditure finalized is KRW 1,430,425,36, and is transferred to the instant reconstruction association from July 5, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including D parts of the statement);

1. Application of Acts and subordinate statutes governing the first and second audit reports and financial statements, appeal reports (including additional documents), authorization for the establishment of an association, and authorization for the establishment of an association;

1. Article 87 of the relevant Act and Articles 86 subparag. 4 and 76 of the former Act on the Maintenance of the Urban and Residential Environments (Amended by Act No. 12116, Dec. 24, 2013; hereinafter the same shall apply) concerning criminal facts and Articles 87, 86 subparag. 4 and 76 of the same Act.

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