Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

From September 18, 2015, the Defendant is a person working as a partnership for redevelopment of B houses from around September 18, 2015.

In addition to the matters prescribed by the budget of the above association, a contract that imposes a burden on members shall be resolved at a general meeting.

On November 13, 2015, the Defendant entered into a service agreement with the representative director E of the D Co., Ltd. and the service cost of the D Co., Ltd. without obtaining a resolution from the general meeting of partners at the above partnership office located in Seo-gu, Seo-gu, Gwangju.

Accordingly, the defendant entered into a contract to become a partner's burden other than the matters prescribed in the budget without going through the resolution of the general meeting of partners.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Application of statutes on service contract;

1. Article 85 Subparag. 5 of the relevant Act and Article 24 Subparag. 3 Subparag. 5 of the former Act on the Maintenance of the Urban and Residential Environments (wholly amended by Act No. 13378, Jun. 22, 2015) on criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. An agreement was made by the Corporation to bear the expenses of the general meeting for selection of construction works in determining the issues under Article 334 (1) of the Criminal Procedure Act in the order of provisional payment, separately from the bid bond;

Even if the contractor was not selected as the contractor at the selected general meeting, the redevelopment association should ultimately bear the cost of services, so the service contract in its holding is a contract that imposes a burden on members.

On March 28, 2015, a resolution was made by the general meeting agenda 7 on the agenda of the general meeting at the inaugural general meeting on March 28, 2015 is KRW 849,480,00 (one time 283,160,000, three times). Thus, a resolution was made by the general meeting of the union members on the service contract in the holding.

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