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(영문) 서울서부지방법원 2018.01.24 2017고단1628
도시및주거환경정비법위반
Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is the head of the partnership of the National Housing Redevelopment Project Association in the F Renewal Promotion Zone, and the executive officers of the partnership as the management director of the above partnership.

Where a cooperative member requests the perusal or reproduction of documents and relevant materials concerning the implementation of an improvement project, including the minutes of the promotion committee, resident general meeting, general meeting of the cooperative, and the board of directors or representatives of the cooperative concerning the implementation of an improvement project, its executives shall comply with such request within 15 days.

Nevertheless, around December 19, 2016, at the office of the said association located in Seodaemun-gu Seoul Metropolitan Government 305, the Defendants: (a) obtained from H and I a written resolution of the general meeting of the members on October 30, 2016 that the list and bags should be disclosed with the exception of resident registration numbers; (b) on November 2, 2016 and November 10, 2016, H and I knew of the fact that he/she requested the said association to disclose the written resolution to the public except resident registration numbers; (c) thereby, the Defendants violated the Act on the Improvement of Urban Areas and Residential Environments by failing to comply with the members’ request for perusal and reproduction by means of refusing such disclosure.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of a witness I;

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Certification of the details of each request for disclosure of information (the person on November 2, 2016, the person on November 10, 2016, the person on December 19, 2016, and the person on December 19, 2016), certification of the details of the union's side on the request for disclosure of information (the person on November 8, 2016, the person on December 30, 2016, the person on December 30, 2016), copy of a written resolution, receipt of information, and application of statutes

1. Article 86 of the Act applicable to the facts constituting a crime and Article 86 of the Act on the Maintenance of the Urban and Residential Environments, and Articles 86 subparagraph 6 and 81 (6) of the Act;

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

1. Article 334(1) of the Criminal Procedure Act [Judgment on the Defendants and their defense counsel’s assertion]

1. The Defendants did not have received a written resolution.

The request is a written resolution and an envelope, and the list is a written resolution.

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