Text
Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
The "C Housing Redevelopment and Improvement Project Association" (hereinafter referred to as the "Union") was established on September 20, 2006 in accordance with the Urban and Residential Environment Improvement Act in order to implement a housing redevelopment project of the size of 50,978 square meters outside the Yangcheon-gu Seoul Metropolitan Government D on September 20, 2006, and is dissolved on August 20, 2015.
Defendant
A around September 15, 2006, a person elected as the president of the instant association from the time of dissolution, and Defendant B as a full-time director of the instant association for the same period.
In addition to the matters prescribed in the budget, a housing redevelopment and improvement project association shall undergo prior resolution at a general meeting of its members to conclude a contract to become a partner's burden.
Nevertheless, around February 9, 2011, at the Seoul E building and the instant association office located in the third floor, the Defendants concluded a contract with “F” without a resolution of the general meeting, which is a contract that is not prescribed in the budget and is a contract for the “Supervision of Goods Removal Works” (Contract Amount of 112,48,270 won) to be a member of the association, and entered into a contract that is not designated in the same budget for nine times in total as shown in the list of crimes in the attached Table from around that time to February 2012.
As a result, the Defendants conspired to implement the project to be borne by the members of the general meeting without the resolution of the general meeting.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Statement made by the witness G in the third public trial records;
1. Statement made by the police with H;
1. Application of the articles of association statutes;
1. Article 85 Subparag. 5 of the relevant Act concerning criminal facts, Article 85 Subparag. 5 of the Act on the Maintenance of Urban Community and Residential Environments (hereinafter “Non-Act”), Article 24 Subparag. 3 Subparag. 5 of the same Act, Article 30 of the Criminal Act
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order