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(영문) 서울북부지방법원 2019.05.16 2019고정3
주택법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

A or B fails to pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who works as the representative of the D Housing Association Promotion Committee (hereinafter referred to as “Promotion Committee”) from November 18, 2016, and Defendant B is the representative of Defendant C Co., Ltd (hereinafter referred to as “Defendant C”) who performs the affairs of the Promotion Committee by receiving services from the said Promotion Committee.

1. The defendants' recruitment of non-reported union members

(a) A person who intends to recruit association members in order to obtain authorization for the establishment of a defendant A, a defendant B regional housing association or a workplace housing association or to change the authorized contents thereof shall make a report thereon to the head of the competent Si/Gun/Gu and recruit association members

Nevertheless, the Defendants conspired with the Dongdaemun-gu Office on February 1, 2018 without reporting to the competent Dongdaemun-gu Office and concluded an agreement to join the association with the F on April 3, 2018, and April 15, 2018, thereby recruiting non-reported union members.

B. The Defendant C, the representative of the Defendant, committed a violation regarding the Defendant’s duties as prescribed in the foregoing paragraph (a).

2. The promoters or executives of a housing association that has not disclosed related data within the period of Defendant A shall also disclose them in parallel with the Internet and other methods within 15 days after the audit report on the implementation of the housing association project is prepared or amended;

Nevertheless, the Defendant did not disclose the audit report of the said promotion committee prepared as of February 19, 2018 in parallel with the Internet or by other means within 15 days.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to the accusation place, each contract for joining each association, D Housing Association apartment business plan, D Housing Association Promotion Committee, financial statements of D Housing Association Promotion Committee, independent auditor's audit report, Jcarf, and total certificate of registered matters,

1. Article applicable to criminal facts;

A. Defendant A: Article 102 Subparag. 2 of the Housing Act and Article 11-3.

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