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(영문) 서울중앙지방법원 2016.07.06 2016고정585
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

The defendant was the head of the partnership for the redevelopment and improvement project for D houses.

In addition to the matters prescribed in the budget, if a contract is to be borne by members, it shall undergo a resolution at a general meeting.

Nevertheless, on May 2, 2011, the Defendant entered into a building design contract with an architect office in Seoul Special Metropolitan City E and 4, without a resolution of a general meeting of partners, for a building design contract with an architect office in which the preparation of the building ledger is to be made at KRW 2,00,000,000 from that time to December 4, 2013, and the contract amount “4,700,000” in the sequence 20 of the attached crime list from that time to December 4, 2013 is deemed to be a clerical error of “4,70,000,000”. Accordingly, the Defendant corrected this and corrected the total contract amount accordingly.

A total of 22 contracts are concluded without the resolution of the general meeting as described above.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Statement made by the police in relation to G;

1. A complaint;

1. An investigation report (the submission of a list of G crimes and evidentiary materials which are the complainant);

1. Documents appended to the second written investigation of the suspect against the accused;

1. Application of Acts and subordinate statutes to investigation reports (Submission of materials, etc. related to the approval of suspect H general secretary-general);

1. Relevant Article 85 of the Act and Article 85 subparagraph 5 of the Act on the Maintenance of Urban and Residential Environments, and Article 24 (3) 5 of the Act, and the selection of fines for crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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