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(영문) 서울동부지방법원 2017.12.19 2017고정1009
주택법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person elected as the president of CHousing Partnership around July 23, 2016.

An executive officer of a cooperative shall make a public notice by the Internet and by other means to make it possible for its members to know the documents, such as the rules of the cooperative, a contract for selection of service companies, such as a designer, a general meeting of the cooperative and the board of directors, a meeting minutes of a representative, official documents concerning the implementation of a housing association project, an audit report,

1. Although the Defendant, on October 8, 2016, drafted a service contract with Aara Co., Ltd., Ltd. on October 8, 2016, he/she did not make an official announcement by posting it on the union website or by any other means, within 15 days to enable its members to know the agreement

2. Although the Defendant revised a service contract with Aala Co., Ltd. on January 10, 2017, the Defendant did not make an official announcement within 15 days, by posting the modified contract on the website of the cooperative or by any other means on the Internet, so that its members can be informed of it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a written accusation, a report on investigation (Submission of evidential materials by a complainant), and a service contract;

1. Relevant Article 104 subparagraph 2 of the Act, and Articles 104 and 12 (1) of the Act, the selection of fines for criminal facts;

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. According to Articles 70(1) and 69(2) of the Criminal Act, a sentence shall be determined as ordered in consideration of the sentencing conditions indicated in the public trial of this case, such as the fact that the defendant had no record of criminal punishment for the reason of sentencing, and that the defendant has not taken office as the president of the union, and that this case occurred.

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