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(영문) 광주지방법원 2017.12.21 2017고정1491
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Criminal facts

From February 14, 2017, the Defendant is the president of the redevelopment and consolidation project association of F Housing units in Gwangju Dong-gu and 367.

Where an owner, such as a cooperative member or a land, requests perusal or reproduction of documents and related materials concerning the implementation of a rearrangement project, the chairperson of the promotion committee or the project implementer shall comply with such request within 15 days.

Nevertheless, the Defendant, at around April 25, 2017, did not comply with the Plaintiff’s request to duplicate “the minutes and meeting agenda materials of the first session ( March 6, 2017) of the 2017 Council member H,” “the minutes and meeting agenda materials of the second session of the 2017 Council ( April 12, 2017),” “the minutes and meeting agenda materials of the third session of the 2017 Council,” and “the minutes and meeting materials of the third session of the 2017 Council”.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. Requests for data on disclosure of information in 2017 and replies to requests;

1. Application of Acts and subordinate statutes to investigation reports (a document which fails to comply with inspection of clothes);

1. Article 86 of the Act applicable to the facts constituting a crime, Article 86 of the Act on the Maintenance of Urban Areas and Residential Environments, and Articles 86 subparagraph 6 and 81 (6) of the Act, and the selection of fines

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - The defendant is against the part where the defendant was unable to peruse relevant data as prescribed by the Act on the Improvement of Urban Areas and Residential Environments. The crime of this case also has been punished by a fine for the same crime. However, prior to the crime of this case, it seems that frequent demand for perusal due to internal disputes surrounding the association of this case has been made due to frequent disputes, and it is acceptable to the defendant's assertion that the annual interest of the members with different interests from the defendant could not be completely consistent with the purport of the Act that prevents the application for reproduction of relevant data from spreading with respect to the rearrangement project of the officers of the association and promote transparent business promotion.

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