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(영문) 서울중앙지방법원 2018.08.21 2018고정1442
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 1, 2015, the Defendant is a person working as the head of the C Apartment Reconstruction Improvement Project Association (hereinafter referred to as the “instant association”) established for the purpose of implementing a housing redevelopment project in the Seoul Special Metropolitan City, Gwanak-gu B from August 1, 2015 to the present.

A project implementer, such as the chairperson of the promotion committee or an executive officer of a cooperative, shall make a public announcement of the written contract for selection of service enterprises, such as a designer, contractor, removal business entity, and a specialized management business entity for rearrangement projects, and the related data, within 15 days, in parallel with the Internet, so that the members, landowners, or tenants can be informed

The Defendant, on behalf of the instant association, concluded a contract on the selection of a service company that vicariously executes a general meeting with D and D around June 2016, around November 2016, and around March 2017, on behalf of the general meeting of general shareholders of the association, etc., and thus, it should be disclosed within 15 days to the public in parallel with the Internet and other means so that the members, landowners, etc. or tenants can become known, notwithstanding the fact that the Defendant did not disclose the agreement within 15 days from the date of signing the said selection contract, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. The register of the ordinary general meeting on June 25, 2016, the register of the ordinary general meeting on November 26, 2016, and the register of the ordinary general meeting on April 8, 2017;

1. A first general meeting service contract and a tax invoice, a second general meeting service contract and a tax invoice, and a third general meeting service contract and a tax invoice;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to rulings related to violation of the law governing the urban and residential environments set forth therein);

1. Article 86 subparagraph 6 of the former Act on the Maintenance of Urban and Residential Environments (Amended by Act No. 14567, Feb. 8, 2017) and Article 81 (1) of the same Act (amended by Act No. 14567, Feb. 8, 2017) concerning criminal facts;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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