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(영문) 청주지방법원 2016.11.03 2016고정355
도시및주거환경정비법위반
Text

Defendant

A shall be punished by a fine for negligence of 500,000 won, and by a fine of 2,00,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B From December 30, 2010 to December 30, 2010, a person who is an executive of the Cheongju E Housing Redevelopment Project Association, and Defendant A is the head of the association from July 28, 2012 to the present date.

The officers of the redevelopment and consolidation project association shall not promote the borrowing of funds at will without the resolution of the general meeting of partners.

1. On December 31, 2012, the Defendants, at the above partnership office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si, and borrowed one million won from the representative G representative H, a partner company, using the above partnership’s account without going through the resolution of the general meeting of the union members.

In addition, the Defendants borrowed 8,50,000 won in total at nine times without going through the resolution of the general meeting of the union members as shown in the attached Table 1 between the Defendants and the period from October 1, 2013.

2. Around January 28, 2011, Defendant B borrowed KRW 10 million from the ArchitectJ, a partner company, using the said association’s account in the name of the said association without going through a resolution of the general meeting of union members at the place specified in paragraph (1) of the same Article.

In addition, the Defendant borrowed 46 million won from that time to July 16, 2012 by receiving a total of 13 times without going through a resolution of a general meeting of union members, as shown in the attached Table 2, from that time to that time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of K, L, J and M;

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Statement of each police statement against K and L;

1. Application of Acts and subordinate statutes, such as a full certificate of registered matters, articles of association, copies of passbook in the name of the agricultural cooperative, and detailed statement of deposit transactions (2013);

1. Article 85 subparagraph 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Article 24 (3) 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Article 30 of the Criminal Act concerning criminal facts;

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