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(영문) 서울북부지방법원 2018.01.26 2017고정1815
주택법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a promoter of the Seongbuk-gu Seoul Metropolitan Government “E-Regional Housing Association” under the tentative name that intends to build multi-family housing with a total of 495 households on a lot of 26,397 square meters in Seongbuk-gu.

Where a member of a housing association requests the perusal or reproduction of documents concerning the implementation of a housing association project prescribed by the Housing Act and related data, the promoters of the housing association shall comply with such request within 15 days.

Nevertheless, on October 12, 2016, the Defendant did not comply with the foregoing request by October 26, 2016, no more than 124 members, including F, etc., even though he/she received a request for perusal of the union bylaws, agreements entered into with the association agency G (State), / contract documents/contracts, design company, and international asset trust agreement/contracts, minutes of the union inaugural general meeting, project implementation plans, and even though he/she received a request for perusal of the project implementation plans from the service company and international asset trust.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to F;

1. Complaint;

1. Application of the Acts and subordinate statutes requesting the disclosure of information about the process of implementing the E regional housing association;

1. Relevant Article of the Act and Articles 104 subparagraph 3 and 12 (2) of the Act of the Housing for Which the punishment is chosen for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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. First, according to Article 11(2) of the Enforcement Rule of the Housing Act, the Defendant and his/her defense counsel stated that the request for reproduction under Article 12(2) of the Housing Act must be made in writing stating the purpose of use, etc. However, F, etc. only requested the disclosure of documents entered in the crime and did not request reproduction, and the purpose of use was not stated.

The argument is asserted.

According to the evidence duly adopted and investigated by this Court, 124 members, including F, are called “H,” and the following information is requested pursuant to Article 12(1) and (2) of the Housing Act, and Article 25 of the Enforcement Decree of the Housing Act, and the time for disclosure of data within the time limit.

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