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(영문) 대전지방법원 천안지원 2014.08.14 2014고단296
도시및주거환경정비법위반
Text

Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The “H Housing Redevelopment Improvement Project” is a redevelopment project that was designated and publicly announced on November 29, 201 by the City of Seoan on the same date with the 36,789 square meters per day in Dong-gu, Seoul Special Metropolitan City. The “H Housing Redevelopment Improvement Project Promotion Committee” (hereinafter “Promotion Committee”) is an organization established with the approval of the Promotion Committee on November 21, 2008 in relation to the implementation of the said redevelopment project. Defendant A is the chairperson of the said Promotion Committee, Defendant C Co., Ltd. (hereinafter “State”) is a building designer having an office in the Jongno-gu Seoul Special Metropolitan City J. (hereinafter “State”); Defendant B is the director of the said Promotion Committee and the person in charge of the design service contract with the said Promotion Committee. Defendant C was requested by the Promotion Committee on July 2009 and the person related to the said rearrangement project, but the person related to the said project was refused to lend the project at around January 21, 201.

3. 9. On the 20th of the same month, the Committee had been given notice of the invalidity of provisional contract and the general competitive bidding plan for the selection of designer on the grounds of procedural defects, such as that there was no approval from the General Assembly of Residents on the above provisional contract. Meanwhile, the Committee was given notice of tender for the selection of designer in daily newspapers, etc. on the 20th of the same month.

No person may provide or receive money, valuables, entertainment or other property benefits in connection with the selection of a designer in a rearrangement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

1. Defendant B demanded the lending of operating expenses from persons related to the promotion committee, including A, as above. On March 9, 2012, notified by the promotion committee of the invalidity notification of provisional contract and the general competitive bidding plan, etc. for the selection of a designer, Defendant B had the intent to comply with the above demand for the lending of funds for the purpose of being selected as a designer in the future, and around March 28, 2012.

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