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(영문) 부산지방법원 2020.04.08 2020고단566
공동주택관리법위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. No person who has obtained qualification as a housing manager shall perform the duties of the head of the management office;

Nevertheless, on June 21, 2017, the Defendant entered into a contract for the installation of an underground parking lot leader with D Co., Ltd. at the office of the management of the Busan-gu C Apartment, Busan-gu, and entered into a contract for the maintenance of the elevator for five years from October 1, 2017 with E limited liability company at the date of default.

2. No person who has obtained qualification as a housing manager shall perform the duties of the head of the management office;

Nevertheless, on March 28, 2018, the defendant, without acquiring qualifications for housing managers, entered into a "F-EM repair work" for the above apartment housing management office with F-EM, and entered into a "Fire-Fighting System Repair work" for the above apartment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written accusation of the head of Busan Gu;

1. Application of Acts and subordinate statutes to contract documents for the installation works of underground parking lot guides, elevator maintenance contract documents, each explanation, and notice of special audit results of multi-family housing;

1. Article 99 subparagraph 5 of the Multi-Family Housing Management Act, Article 67 of the same Act, and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) (100,000 won per day) of the Criminal Act for the detention of a workhouse;

1. Taking into account the following: (a) the fact that the reasons for sentencing under Article 59(1) of the Criminal Act for the suspension of sentence are seriously against the Defendants; (b) there are circumstances that may particularly be taken into account in the course of the commission of the crime; and (c) there are no significant penalty power exceeding a fine at first or a single time; and

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