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(영문) 대구지방법원 2016.11.10 2016고단3601
도시및주거환경정비법위반
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. The summary of the facts charged is from April 8, 2015 to the date on which Defendant A works as the president of the Daegu Dong-gu G Apartment Housing Reconstruction Project Association and is in charge of the affairs such as the designation of an agent and contractor for the implementation of the said housing reconstruction project, and Defendant B is the representative director of the H-gu H management project established for the purpose of specialized management business, etc.

No person shall provide or be provided with money, valuables, entertainment or other property benefits in connection with the selection of a contractor, designer or specialized manager of a rearrangement project.

1. On May 11, 2015, Defendant A provided money and valuables to the specialized manager in relation to the selection of the rearrangement project under the name of “loan for the operation of the rearrangement project association” from B prepared to be selected as the rearrangement project executor at the office of the G apartment reconstruction project association.

Accordingly, the Defendant received KRW 3,00,000 from B to the Agricultural Cooperative Account under the name of the Defendant on May 11, 2015 and received KRW 54,00,000 from that time to December 22, 2015.

As such, the Defendant received money and valuables equivalent to KRW 54,00,000 from B in relation to the selection of a specialized maintenance business operator.

2. Defendant B provided A with money and valuables equivalent to KRW 54,00,000 in relation to the selection of a specialized maintenance business operator, as described in the above 1.1.

2. Determination

A. Article 11(5)1 and 2 of the Act on the Improvement of Urban and Residential Environments (hereinafter “Urban and Residential Environments Act”) prohibits the Defendants from providing or receiving money or valuables, entertainment, or other property benefits, “in relation to the selection of a specialized manager of maintenance business,” and thus, the Defendants need to provide “the provision of property benefits, such as money or valuables,” in order to punish the Defendants for violating the said provision pursuant to subparagraph 1 of Article 84-2 of the Act.

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