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(영문) 서울동부지방법원 2018.06.15 2018고정404
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the chairperson of Seongdong-gu Seoul Metropolitan Government Promotion Committee for the Establishment of the F Housing Redevelopment and Development Project Cooperatives, and the chairperson of the Promotion Committee shall comply with the request within 15 days where a member or a landowner requests perusal or reproduction of the documents and related data specified in Acts and subordinate statutes concerning the implementation of the rearrangement Project.

Nevertheless, the Defendant, at the office of the Seongdong-gu Seoul Metropolitan Committee for Promotion on November 24, 2016, did not comply with the request for perusal and reproduction of 383 copies of the original written resolution submitted by H on October 25, 2016 from the landowner H, even though he/she received a request for perusal and reproduction of 383 copies of the original written resolution submitted to the residents’ general meeting on October 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Requests for the perusal and duplication of relevant data of residents’ general meetings held on October 25, 2016, response to the verification of the details thereof, response to the request for disclosure of information, and application of the statutes requesting return of the list of landowners;

1. Article 86 Subparag. 6 and Article 81(6) of the former Act on the Maintenance of Residential Environments and Dwelling Conditions (Amended by Act No. 14567, Feb. 8, 2017); the selection of fines for criminal facts;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment include the fact that the defendant recognized his mistake and reflects his mistake, and the circumstances leading to the instant crime are somewhat taken into account.

Considering all the sentencing conditions, including the fact that there is no criminal history of the same kind;

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