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

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

Punishment of the crime

The defendant is the head of the E redevelopment Association in Seongbuk-gu Seoul Metropolitan Government D.

In addition to the matters prescribed by the redevelopment association's budget, a contract to become a partner shall be subject to the resolution of the general meeting.

Nevertheless, on June 2014, the Defendant entered into a service agreement on behalf of the general meeting of shareholders with F representative G Co., Ltd. and service amount of KRW 125,400,000 (value-added tax separate) at the above redevelopment association office office on behalf of the general meeting of shareholders.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police statement of H;

1. A complaint and a petition;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of additional data by a complainant), a criminal investigation certificate (verification of the same-class power), and a criminal investigation report;

1. Relevant Articles 85 and 24 (3) 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") concerning criminal facts and the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel held a general meeting on June 5, 2012 to propose and resolve the budget bill containing the general meeting cost as the "case of approval of the project implementation budget", and therefore, they did not violate the Act on the Improvement of Urban Areas and Dwelling Conditions.

In light of the purport of Article 24(3)5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, “a contract that becomes a partner, other than the matters stipulated in the budget,” which provides for “a contract that becomes a partner,” as a resolution of a general meeting, is to ensure procedural guarantee for the association members to directly reflect their rights and obligations, and thus, the “resolution by a general meeting” under Article 85 subparag. 5 of the Act refers to a prior resolution, and it is difficult to make a prior resolution at the general meeting.