Defendants shall be punished by a fine of two million won.

The Defendants did not pay each of the above fines.

Punishment of the crime

Defendant

A is the president of the F Housing Association, and the defendant B is the director of the above Association.

Where a member of a cooperative requests the perusal or reproduction of documents and related data concerning the implementation of a housing association project, promoters or executives of a housing association shall comply with such request within 15 days.

Nevertheless, the Defendants, in collusion, did not comply with the request within 15 days from the receipt of the request for the perusal of documents and related data pertaining to the implementation of the housing association project from the members as follows.

1. The Defendants conspired and did not comply with the above request within 15 days, even if the Defendants received all copies of the service contract from H, a member of the association office at around September 28, 2016, at the above association office located in Kimhae-si G building or 201.

This part of the facts charged also includes “a detailed statement of entry, withdrawal, and balance in the account of commercial down payment,” but the evidence submitted by the prosecutor alone did not comply with the request for reproduction by the above members despite the fact that the defendants did not keep or possess the above materials.

Since there is a lack of recognition and there is no other evidence to acknowledge this, this part of the facts charged should be pronounced not guilty by the latter part of Article 325 of the Criminal Procedure Act because the facts charged constitute a case where there is no evidence of crime. However, as long as the court found the defendant guilty of a crime of violating the Housing Act in the judgment related to such crime,

2. On October 5, 2016, the Defendants conspired and failed to comply with the said request within 15 days, even if the Defendants received a request for a copy of the amount of non-land-specific payment by non-land category (total land details) from I, a partner at the above partnership office.

3. On October 21, 2016, the Defendants conspired with the Defendants, at the office of the above partnership, a detailed statement of the union trust account entry, withdrawal and balance, deposit and withdrawal of service trust account, and service contract from H at the time of establishment of the partnership.