(영문) 대구지방법원 서부지원 2017.04.28 2016고정502

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(영문) 대구지방법원 서부지원 2017.04.28 2016고정502

도시및주거환경정비법위반

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From December 29, 2010 to December 29, 2010, the Defendant is the president of the Daegu-gu Housing Association (hereinafter “instant Association”).

1. On May 23, 2011, the Defendant prepared a debt repayment contract process certificate No. 550 of the 201 - Law Firm E, a notary public with the purport that the instant association, without going through the resolution of the general meeting of partners, bears a non-performance of the amount of KRW 450,000,000 to F, without going through the resolution of the general meeting of partners, and promoted the said project without the resolution of the general meeting of partners, in addition to the loan of funds, the method, interest rate, and method of repayment, and the matters stipulated in the budget.

2. At the same time and place as Paragraph 1, the Defendant, at the same time and place, and without the resolution of the general meeting of the association members, the notary public, which states that the instant association bears the obligation to pay KRW 103,950,000 to G, was carrying out the project without the resolution of the general meeting of the association members as to the agreement to be borne by the union members, except as otherwise provided for in the loan of funds, the method and interest rate thereof, and the method and budget for repayment.

3. On May 26, 201, the Defendant: (a) had a notary public, at the same place as Paragraph (1) of the same Article; (b) had a general manager of the instant association, without obtaining a resolution from a general meeting of partners, bear the obligation of KRW 464,00,000,00 from the instant association to the I Co., Ltd. (F), prepare a fair deed of debt repayment contract No. 581 of the document of 2011; and (c) promoted the said project without the resolution of the general meeting of partners regarding the agreement to be borne by the union members, other than matters prescribed by the method, interest rate, repayment method, and budget.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of a protocol (two-time) concerning the examination of suspect with respect to F;

1. Statement made by the police to J;

1. A complaint, dividends from the Daegu District Court, and written judgment of 2012, together, 3917.

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