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(영문) 부산지방법원 2018.04.10 2017고정2584
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the person who was the head of the Urban Environmental Improvement Project Association.

1. The head of an urban environment maintenance and improvement project association that has violated the laws relating to urban and residential environment maintenance and improvement projects due to the violation of disclosure duty, such as documents, etc., shall make public the documents and relevant data concerning the implementation of the rearrangement project along with the Internet within 15 days after being prepared or changed so that its members,

A. From January 17, 2013 to January 26, 2016, the Defendant disclosed the details of the union expenditure on the cooperative’s official website after the lapse of 15 days from the date of preparation, as shown in the list of daily disclosure of “detailed details of deposits and withdrawals of funds” in attached Form 3 from January 17, 2013 to January 26, 2016.

B. From May 2013 to July 7, 2015, the Defendant prepared a total of 11 contracts for the selection of service companies as indicated in the “Contract for the Selection of Service Companies” in the separate sheet of violation of the date of disclosure of the law, and disclosed them on the cooperative’s official website after the lapse of 15 days from the date of preparation.

2. Where a cooperative member, etc. requests the perusal or reproduction of documents concerning the implementation of an urban improvement project and related materials due to a violation of the duty of perusal or reproduction, the head of an urban environmental improvement project association shall comply with such request within 15 days.

Nevertheless, on March 9, 2016, the Defendant failed to comply with the above request within a given period, despite being served with a copy of the “written resolution on expenditure of reserve funds in 2015 and detailed expenditure statement,” which falls under the details of monthly payment and withdrawal of funds sent by C, a member of the said association, at the office of the said association located in Busan Dong-gu, Busan.

3. The head of an urban environmental improvement project association who uses project costs without a resolution of a general meeting shall be liable to the partnership members in addition to the matters prescribed by the budget in relation to the rearrangement project;

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