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(영문) 부산지방법원 2017.01.11 2016고정1870
주택법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a member of the tenant representative meeting as the Dong representative of 208 Dong-dong apartment house D in Busan Northern-gu C.

In relation to the management of multi-family housing, the representative meeting of occupants and its members shall not illegally acquire or provide property or property benefits.

In the course of performing the work to replace the elevator of the above apartment, the defendant 102 Dong representative of the above apartment building, opposed to the progress of the work, the defendant 102 Dong representative of the apartment building provided E with money and valuables to meet.

On June 23, 2015, the Defendant: (a) asked H to the Defendant’s private taxi parked on the G road located in the Busan Northern-gu Busan Northern-gu, stating that “E weather is flick, so that it would be flick; and (b) asked H to persuade E; and (c) calls H around the same day, around the same day, the Defendant called “A request H to confirm whether he/she would not object to the Corporation with money or goods received from E”; and (d) “A request H to confirm his/her intention that he/she would ask E to ask 4 million won.”

D. Around 18:00 on the same day, H issued cash of 274,000,000 won to H in front of the 1 Dong residents' center, and H delivered it to E at that time.

As a result, the defendant provided property to E in relation to the management of collective housing.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of the witness H and E;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Each police statement made to H, E, and I;

1. Investigation report (report on the result of execution of search and seizure warrant, etc.) / [the Defendant, while giving two million won to H, asserts that it was lent. However, even if the Defendant, while lending two million won to H in cash, did not prepare a loan certificate. This is an exceptional point in view of the relationship between the Defendant and H, and the Defendant received two million won from H, and then E received two million won from H.

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