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(영문) 서울서부지방법원 2020.09.18 2020고정749
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 900,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the president of the Eunpyeong-gu Seoul Housing Reconstruction and Improvement Association.

Matters concerning contracts to be borne by members, other than those prescribed by the method of borrowing funds, interest rate, method of repayment and budget, shall be subject to a resolution at the general meeting of the association.

Nevertheless, on May 28, 2015, the Defendant borrowed 2,00,000 won from D in the above partnership office from May 28, 2015 and borrowed 34,965,774 won in total on 25 occasions from the above date and time to May 10, 2016, as shown in the attached crime list, without going through a resolution of the general meeting of the partnership.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's legal statement E, receipt of a written complaint, and investigation report of debt repayment certificate (related to the preparation of a list of crimes) by the defendant;

1. Selection of fines by universal title, Article 85 subparagraph 5 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 13912, Jan. 27, 2016); and Article 24 (3) 2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, for each type of crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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