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(영문) 서울남부지방법원 2016.03.23 2015고정2599
도시및주거환경정비법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant has worked as the president of the redevelopment and rearrangement project association in Guro-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association from November 22, 2012.

Although an executive officer of a union implements a project through a resolution of the general meeting, he/she borrowed the amount of KRW 20 million from D to its members on August 5, 2013, KRW 304 million on November 22, 2013, KRW 70 million on June 30, 2014, and KRW 10 million on March 2, 2015, under the name of the general meeting service cost and management cost of the non-resident household.

Summary of Evidence

1. Statement by the defendant in court;

1. The meeting data of the General Assembly of Dissolution in 2015, the resolution on the payment of loans and accounts payable outside the agenda referred to in subparagraph 6, the detailed statement of loans and accounts payable, investigation report (D telephone investigation), the current status of expenditure of each zone C, the application of Acts and subordinate statutes on partial repayment of loans to the president of each union;

1. Article 85 of the Act and Article 85 subparagraph 5 of the Act on the Maintenance of Dwelling Conditions for the Urban and Residential Environments, and Article 24 (3) 2 of the Act, and the selection of fines concerning facts constituting a crime;

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. A fine of 500,000 won for which the sentence is suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (see, e.g., the fact that the defendant is recognized as committing the crime and is in violation of depth, the fact that there is no particular criminal history, the circumstances leading to the instant crime, and the fact that the general assembly passed a resolution for ratification with the consent of a majority

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