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(영문) 서울남부지방법원 2018.02.09 2016노2403
도시및주거환경정비법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal doctrine, requested F to duplicate data for the purpose of doing an act contrary to the interests of the partnership.

F is not likely to write down a letter in order to prevent it.

Since the defendant's act is a legitimate act that does not go against the social rules and the illegality is excluded.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The summary of the facts charged in this case is the president of the Yangcheon-gu Seoul Metropolitan Government Drup Association.

Where the head of a reconstruction association requests perusal or reproduction of documents or related materials concerning the implementation of a rearrangement project by members of the association, landowners, etc., he/she shall comply with such request within 15 days.

On May 19, 2015, the Defendant did not comply with the request by June 3, 2015, even though, within the office of the Yangcheon-gu Seoul E and 2nd Do Reconstruction Association, the Defendant requested copy of documents on the union rules, the list of owners of land, etc., the contractor (G), the contract for the selection of the contractor (G), the city construction project implementation agreement, the project implementation plan, the details of monthly funds, etc.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(c)

According to the evidence duly adopted and examined by the court below, ① the defendant is the president of the D Reconstruction Association (hereinafter “Association”), F is the member of the Committee on Emergency Countermeasures against the Interest of Members of the Association, ② F applies for perusal of rebuilding-related data several times from April 2, 2015 to May 19, 2015, and the defendant did not state the purpose of use, or entered only “for confirmation” or “joint ownership of members,” and ③ The defendant does not retain some of the materials requested to F.

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