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(영문) 대구지방법원 2018.05.18 2017고정1829
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, from November 2006 to August 30, 2016, has worked as the head of an association of a reconstruction and improvement project cooperatives for E houses from around August 30, 2016, and the executive officers of a partnership shall not implement a contract that becomes a partner's burden, other than those prescribed by the budget, at his/her discretion

1. On June 2013, the Defendant entered into an agreement with the LAF on the part of the members of the KAF and the E-Housing Reconstruction project. In the case of a member’s part payments loan, the Defendant agreed to enter into an agreement on the part payment loan without the resolution of the general meeting, despite the fact that only the bank designated by the project implementer, as a collective credit loan unlike the remainder of loans, can receive an intermediate payment loan from the banks designated by the project implementer. In this context, the Defendant agreed to promote an agreement on the part payment loan without the resolution of the general meeting, plus 0.52% of the base rate for the house loan loan as the condition of the loan agreement. In the event

As a result, the defendant, as the head of the partnership, has not passed a resolution of the general meeting, and has promoted the contract to become a partner in addition to the budget.

2. On August 19, 2013, the Defendant entered into an agreement with the Daegu Suwon-gu in order to lend part payments to the general buyers of a housing reconstruction project, and without going through the resolution of the general meeting, the Defendant agreed to pay interest on behalf of the said association in the event that the prospective occupants of the housing unit to be sold fails to pay the interest on part of the intermediate payments due to the delay in occupancy or dispute, and the delay in payment occurs due to the delay in occupancy or dispute.

As a result, the defendant, as the head of the partnership, has not passed a resolution of the general meeting, and has promoted the contract to become a partner in addition to the budget.

Summary of Evidence

1. Each testimony of the witness H and I;

1. Each loan agreement;

1. Application of statutes to the minutes of each council of delegates;

1. Criminal facts;

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