(영문) 서울북부지방법원 2017.7.19. 선고 2016고정2269 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

From May 16, 2014, the defendant is the head of the D Housing Redevelopment Project Association (hereinafter referred to as the "Union of this case")'s partnership from May 16, 2014 to now.

1. The point of the "Conclusion of a non-resolution agreement by the general meeting of the union members"

The association of this case shall undergo a resolution at a general meeting comprised of its members to conclude a contract to become a partner, other than the matters stipulated in the budget.

Nevertheless, on March 23, 2015, the Defendant entered into a contract for the alteration of the renewal acceleration plan for the DNA redevelopment project with the content that, without the resolution of the general meeting of association members, the office of the instant association located in Nowon-gu in Seoul Special Metropolitan City, would make the instant association and the contractor as the above architect, and that, without the resolution of the general meeting of association members, the 'contractor' would make the 'contractor' as the above architect and the 'contractor' as the contract amount as 450 million won.

Accordingly, the defendant entered into a contract to become a partner's burden without going through a resolution of a general meeting consisting of members.

2. The point of "not disclosing the Internet" in the service contract;

A project implementer shall make public the documents and related data referred to in each subparagraph of Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with respect to the implementation of a rearrangement project along with the Internet and other methods to make them known to its members, etc

Nevertheless, the defendant, however, shall:

A. On March 17, 2015, when entering into a contract with H representative director of H and “D Housing Redevelopment Improvement Project Design Service” with “D Housing Redevelopment Project,” the construction design service contract was not made public on the Internet within 15 days, despite the fact that the construction design service contract was prepared;

B. While entering into a contract with the “FF” on March 23, 2015, as described in the foregoing paragraph 1, it was not disclosed on the Internet within 15 days, despite the completion of the rebuilding promotion plan modification service contract.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness J;

1. Each police statement to K;

1. Copies of a contract for modifying urban renewal acceleration plans;

1. A copy of the construction design service contract;

Application of Statutes

1. Article applicable to criminal facts;

Subparagraph 5 of Article 85 and Article 24 (3) 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (in addition to the matters prescribed by the budget without the resolution of the general meeting, the point of concluding a contract that will become a burden on the members of the association), subparagraph 6 of Article 86 and Article 81 (1) of the Act on the Maintenance and Improvement

1. Selection of punishment;

Selection of Fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act