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(영문) 서울서부지방법원 2017.08.10 2017노593
도시및주거환경정비법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor’s summary of the grounds for appeal, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby acquitted the Defendants. In so doing, the court below did not err by misapprehending the legal principles on the part of the Defendants, even though the Defendants conspired to attend a general meeting of executive officers of the Development and Improvement Cooperatives (hereinafter “the instant association”) held on December 26, 2015 and January 26, 2016, or by paying the members who submitted a written resolution of the general meeting attendance allowance to “in relation to the election of executive officers of the association.”

2. The summary of the facts charged in the instant case is as follows: (a) the instant association established for the purpose of implementing a housing redevelopment project in approximately 186,781 square meters in Yongsan-gu, Seoul; (b) Defendant B was the head of the association from August 21, 2012 to January 26, 2016; and (c) Defendant A was the head of the election management committee from October 13, 2015 to October 13, 2015.

No one shall provide, display an intention or promise to provide, money, valuables, entertainment or other property benefits in connection with the election of members of the promotion committee or executives of the partnership.

Nevertheless, the Defendants conspired to agree on December 24, 2015, with the computers established in the Seoul Yongsan-gu Seoul Metropolitan Government and the office for the election management of the instant association located in the second floor and 1,500 members of the Union. “The Assembly shall, if the F Association elects a new executive organ and participates directly in the ordinary meeting for the prompt, transparent and clean operation of the association, have the thickness of the members of the Union.

I would like to pay 100,000 won directly to the site on the day, as in the case of other districts.

I would like to pay KRW 100,000 to the members of the National Assembly who already participated in the meeting of the National Assembly if the member of the National Assembly who already participated in the written resolution.

After sending the text message containing “,” at the I High School Party in Yongsan-gu Seoul Metropolitan Government on the 26th of the same month.

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