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(영문) 서울서부지방법원 2013.08.22 2013고정198
도시및주거환경정비법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, Defendant B, C, and D, respectively, by a fine of KRW 700,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the president of H Housing Redevelopment Project Association in Seodaemun-gu Seoul, the president of H Housing Redevelopment Project Association, Defendant B is the general director of the above union, Defendant C is the management director of the above union, Defendant D is the financial director of the above union.

1. Except as otherwise provided for in the budget, a rearrangement project cooperative association shall obtain a resolution at the general meeting of the rearrangement project cooperative;

Nevertheless, on October 21, 201, the Defendants conspired to purchase a building of 97 square meters and its ground under the name of the said association, which is owned by I in the vicinity of the business territory of the said association, in the name of the said association, around 98 million won.

2. When implementing a rearrangement project, the association of rearrangement projects shall undergo a resolution at the general meeting of the association of rearrangement projects concerning the borrowing of funds, method and interest rate thereof, and repayment method;

Nevertheless, the Defendants conspired to obtain a total of KRW 2,957,914,299 in the name of the said partnership from January 1, 201 to December 31, 201, the Defendants borrowed KRW 2,957,914,29 in the name of the said partnership from EK Construction Co., Ltd., a corporation conducting the improvement project.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness K and L;

1. Written consent to the establishment of a housing redevelopment association, advice notice, funding plan, project implementation authorization, draft plan for project implementation, signs of residents' general meeting, teas, each meeting, the selection of co-implementers and the conclusion of contracts, signs of extraordinary general meeting, signs of extraordinary general meeting, signs of extraordinary general meeting of the association, the establishment of the project implementation plan in 209, the cases of the establishment of the project implementation plan, the project implementation plan, the separate 3 financing plan, the annual meeting and the presentation meeting related to the application for parcelling-out, the cases of organizing a negotiation group for the conclusion of the contract of the contractor, abstract documents among reports on project implementation authorization, the signs

1. Defendants who choose the applicable law and punishment concerning criminal facts: the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; the Criminal Act.

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