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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
The defendant is the president of the Housing Redevelopment Project Association B.
1. The executives of an association in violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents due to borrowing of funds without a resolution at a general meeting shall undergo a resolution at a general meeting;
Nevertheless, on June 29, 2015, the Defendant borrowed a total of KRW 126,941,00 on 27 occasions as shown in the separate crime list by November 28, 2017, including borrowing KRW 6 million from (i)E at the Dongjak-gu Seoul Metropolitan Government C building and the partnership office located in subparagraph (D).
2. The executives of an association in violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents due to nondisclosure of documents related to a rearrangement project shall disclose the minutes, etc. of the board of directors of the association concerning the implementation of the rearrangement project to the public within 15 days after the minutes
Nevertheless, on May 31, 2015, the Defendant prepared a “detailed statement on the monthly deposit and withdrawal of funds” in the Dongjak-gu Seoul Metropolitan Government C Building and the Partnership Affairs Office located in subparagraph (D), but did not make it open within 15 days to the public by both the Internet and other means so that partners, etc. may know it within 15 days. From that time, the Defendant did not disclose the total 108 documents, as shown in the list of crimes in attached Table 2, until June 28, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Request for investigation, a full certificate of registered matters, a written confirmation (loan without a resolution of a general meeting) and a written confirmation (including matters concerning delay in disclosing information and nonpublic disclosure);
1. Current status of exceeding the disclosure period;
1. Copies of bankbooks in cooperatives;
1. Application of the Acts and subordinate statutes governing materials omitted in disclosure of each clean business system;
1. No resolution is made at a general meeting under Article 85 subparag. 5 and Article 24(3)2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) concerning criminal facts;