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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
From February 8, 2010, the Defendant entered into a service contract (hereinafter “instant contract”) with the head of the Busan Jin-gu B Housing Redevelopment Association (hereinafter “the instant partnership”). On February 8, 2018, in addition to the matters set forth in the budget in the office of the instant partnership located in the third floor of the Busan Jin-gu C building in Busan-gu, Busan-gu, the agreement that will be borne by the union members is subject to a resolution of the union members, but the agreement that will be borne by the union members is to pay the amount equivalent to KRW 18 million between the Plaintiff and the Plaintiff, without a resolution of the general meeting.
Summary of Evidence
1. Legal statement of witness E;
1. A technical service contract;
1. The application of Acts and subordinate statutes governing the agenda of the ordinary general meeting of 2017 and the ordinary general meeting of 2018;
1. Relevant Article 137 subparagraph 6 of the Act on the Maintenance of Urban Areas and Residential Environments, and Articles 137 and 45 (1) 4 of the Act on the Maintenance of Residential Environments, and Selection of fines concerning facts constituting a crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. On January 16, 2015, the instant association selected service companies for the service of “all kinds of eco-friendly certifications” at the ordinary general meeting of shareholders, and resolved to appropriate funds for the reserve funds when the service and business operations in excess of project funds accrue. On March 14, 2017, the instant association adopted a reserve fund and resolved to appropriate funds for unexpected new service, incidental expenses, and excess project funds for each budget.
As above, the instant contract was concluded at the general meeting in 2015, and concluded within the scope of the reserve funds resolved at the general meeting in 2017. Thus, the instant contract does not constitute “a contract that imposes a burden on members, other than the matters prescribed by the budget” under Article 45(1)4 of the Act on the Maintenance of Urban Areas and Residential Environments (hereinafter “Act on the Maintenance of Urban Areas”).
2. The former Act on the Maintenance and Improvement of Urban Areas.