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(영문) 서울중앙지방법원 2012.12.17 2012고정3918
도시및주거환경정비법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 800,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are directors of the Freshing Housing Improvement Association.

1. On March 15, 2010, Defendant A, in collusion with G, H, and I, entered into a contract of delegation of a lawsuit with the content that: (a) at the office of an association located on the third floor of the Seocho-gu Seoul Metropolitan Government J building, the above association is delegated to the law firm without the resolution of the general meeting; and (b) the above association and the Seocho-gu office are mandatory to pay D with D with respect to the case of return of unjust enrichment by Seoul High Court No. 2009Na104320 between the above association and the Seocho-gu office; and (c) KRW 10 million for the case of transfer of ownership, etc., (d) the Seoul Central District Court 2010Kahap1260, the contingent fee of KRW 10 million for the case of transfer of ownership, etc., and KRW 20 million for each law firm.

Accordingly, the defendant, in collusion with G, H, and I, has promoted the contract to become a partner's burden in addition to the matters set forth in the budget of the partnership.

2. On June 2010, Defendant A and Defendant B conspired with G, H and I, and entered into a contract for litigation delegation with the effect that, at the office located on the third floor of the Seocho-gu Seoul Seocho-gu Seoul J building, the above association is a delegating person without the resolution of the general meeting, and that, at the same time, the said association is a law firm D and K as a mandatory person, with respect to a civil lawsuit claiming KRW 363.1 billion against chis construction of the corporation which is a contractor, the said association is a law firm D and K, with respect to a lawsuit claiming KRW 75 million as a retainer, a successful fee, and KRW 0.5% as a successful fee.

As a result, the Defendants conspired with G, H, and I to arbitrarily implement the contract to be borne by the members in addition to the matters set forth in the budget of the partnership.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police concerning L;

1. Each additional statement of L or M;

1. As a result of the fourth board of directors in 2010 on the Internet, public notice and minutes (proof 1), the minutes of the sixth board of directors on the Internet in 2010 (proof 5), the minutes of the seventh board of directors on the Internet in 2010 (proof 6), the minutes of the seventh board of directors on the Internet in 2010 on the Internet, and the minutes of the seventh board of directors on the Internet in

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