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(영문) 청주지방법원 2016.11.03 2016고정215
도시및주거환경정비법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, the fine shall be respectively imposed.

Reasons

Punishment of the crime

Defendant

A is the president of the E-Housing Reconstruction and Rearrangement Partnership in So-gu Seoul Metropolitan City, Cheongju, and the defendant B is the director of the association as the general director of the above association.

1. Borrowing of funds in violation of Article 24 (3) 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, methods of such borrowing, interest rate, and methods of repayment shall undergo resolution at the general meeting

Nevertheless, the Defendants conspired to go through the resolution of the general meeting, and borrowed 20 million won from F on December 29, 2014, and 20 million won from G on January 16, 2015 for each claim for sale.

2. In addition to the matters prescribed by the budget of a cooperative violating Article 24 (3) 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, a contract to become a partner shall be passed through a

Nevertheless, around November 27, 2014, the Defendants entered into a service agreement with the service company (ju) J on the draft consent for the establishment of the association with the board of representatives, only by a resolution of the board of representatives, at the office of the said association located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu. Around December 17, 2014, with a resolution of the board of representatives on December 17, 2014, respectively.

As a result, the Defendants conspired to sign a contract to become a partner in addition to the matters set forth in the budget of the Housing Reconstruction Improvement Association without going through the resolution of the general meeting.

3. The executives of an association, in violation of Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, shall make public the documents, such as the articles of association, and related data concerning the implementation of a rearrangement project, along with the Internet and other methods, within 15 days after such documents or data

Nevertheless, from April 17, 2014 to July 2015, Defendants did not post a contract for the selection of service companies, such as I, and the details of monthly deposits and withdrawals, on the said association’s website.

As a result, the Defendants conspired to do so on the Internet with documents and materials relating to the implementation of rearrangement projects.

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