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(영문) 서울중앙지방법원 2013.08.09 2013고단1278
도시및주거환경정비법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was the president of the Seoul Special Metropolitan CityD Association from April 2004 to August 201.

An executive of a union shall undergo a resolution of the general meeting on the borrowing of funds, method of such borrowing, interest rate, and method of repayment, and the contract to become a partner shall be subject to the resolution of the general meeting, except as otherwise provided for in

1. On February 9, 2010, the Defendant entered into a loan agreement without a resolution of a general meeting of partners, where the place is unknown, without a resolution of a general meeting of partners, where 250 million won is invested from E without a resolution of a general meeting of partners, offered as security the right to sell 301 shares owned by the Association, paid interest of 12% per annum with respect to the said investment, and recognized 25% of net profit. The term “investment agreement” entered into a loan agreement with the content of an investment agreement and a loan agreement.

Accordingly, the defendant entered into a contract to borrow funds as an executive officer of a union without a resolution of the general meeting of partners on the lending of funds, the method, interest rate, and repayment method.

2. On October 21, 2010, the Defendant prepared a notarial deed that did not go through the resolution of the general meeting of partners, at the office of law firm members located on the sixth floor of the Nam-dong 270-30 Central Building, Nam-gu, Incheon, without going through the resolution of the general meeting of partners, borrowed 300 million won and paid interest at 12% per annum to the above E without going through the resolution of the general meeting of partners, and if the obligor is unable to perform his/her monetary obligation, it shall be acknowledged that there is no objection even if he/she is immediately subject to compulsory execution

As a member of a partnership, the defendant entered into a contract to become a partner's burden in addition to the budget without a resolution of the general meeting of partners.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Part concerning the statement in E in the protocol of interrogation of the suspect against the accused (the first time and the replacement);

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. The execution agreement;

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