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(영문) 대구지방법원 상주지원 2019.01.15 2018고단121
도시및주거환경정비법위반
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On February 3, 2015, the Defendant was sentenced to 7 years of imprisonment with prison labor and a fine of 1.2 billion won at the Seoul Western District Court on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the judgment was finalized on January 14, 2016.

【Criminal Facts】

From August 28, 2008 to October 18, 2014, the Defendant served as the head of the partnership of the redevelopment and rearrangement project for B houses from August 28, 2008.

Where an executive officer of a cooperative promotes a project by concluding a contract that imposes a burden on members, he/she shall undergo a resolution at a general meeting of members.

Nevertheless, on June 17, 2013, the Defendant, at the president of the association located in Seongdong-gu Seoul Metropolitan Government, concluded a service contract for the creation of rental apartment site and the collection of additional housing site cost (service cost: 9% compared to the amount of construction cost of housing site and housing site cost) without a resolution of the general meeting of the association members, and promoted the project without a resolution of the general meeting of association members E and budget.

Summary of Evidence

1. Each police suspect interrogation protocol regarding E;

1. The prosecutor's statement concerning the F;

1. Each police statement of G and H;

1. A written statement prepared by I and J;

1. Court rulings (No. 48 No. 501, Dec. 1, 20

1. Minutes of the 34th board of directors, minutes of the 29th board of directors, minutes of the 97th board of directors, minutes of the 98th board of directors, minutes of the 95th board of directors, minutes of the 96th meeting, minutes of the inaugural general meeting, minutes of the 19th board of representatives, minutes of the 19th board

1. Certificates of partial matters to be registered, certificates of all matters to be registered, service contract, account transfer, service charge, statement on the calculation of purchase cost of rental housing, association's articles of association, written determination on provisional seizure of bonds, copy of notification of the results of examination of purchase cost of rental housing, calculation of unit sale conversion price of publicly constructed rental housing

1. Each investigation report (No. 37,39,51,55 No. 55 of the evidence list);

1. A previous conviction in judgment: An investigation report (No. 58 No. 58 of the evidence list) and an investigation report.

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