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(영문) 부산지방법원 2018.05.24 2017고정1877
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the head of the partnership of the redevelopment project association B.

Where an owner of land, etc. requests perusal or reproduction of documents and related materials concerning the implementation of a rearrangement project, the executive officers of the association shall comply with such request within 15 days.

Nevertheless, on January 16, 2017, the Defendant did not comply with the request within 15 days, even though C received a request for perusal or reproduction of the details of previous property appraisal of the previous site subject to redevelopment project on December 2016, 2016 (hereinafter “the details of appraisal”) from the owner of the land, etc. on the land, etc. for public works under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “the list of compensation subjects”), and from the request for perusal or reproduction of the said details.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against D;

1. Application of the statute of a written request for information disclosure;

1. Article 86 Subparag. 6 of the relevant Act and Articles 86 and 81 Subparag. 6 of the former Act on the Maintenance of the Urban and Residential Environments (Amended by Act No. 14567, Feb. 8, 2017) concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion - The fact that the defendant did not make a reproduction within 15 days even if he was requested by C to duplicate the data as stated in the facts charged, but in the case of the list of persons eligible for compensation, C intended to use them in exercising the right to recommend an appraiser. The time when the person eligible for compensation is determined is "the time of public announcement of the inspection of the compensation plan" but since the list of persons eligible for compensation was not confirmed at the time of public announcement of the compensation plan, the defendant explained such circumstance and sent a list of persons eligible for compensation to C immediately after the public announcement of the inspection of the compensation plan, which is legitimate act under Article 20 of the Criminal Act.

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