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(영문) 부산지방법원 동부지원 2018.05.09 2018고단265
도시및주거환경정비법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

(2018 Highest 265) The defendant is the president of the redevelopment and consolidation project association of B house.

Executive officers of an association, such as the head of the association, shall make public the operational rules of the promotion committee and the articles of association and related data in parallel with the Internet and other methods within 15 days after the preparation or modification thereof.

Nevertheless, the Defendant did not disclose to the public on the Internet within 15 days after it amended the articles of association of the association approved as of May 29, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. The association's articles of incorporation (after amendment) after knowing the authorization to revise the establishment of the association for redevelopment and improvement projects for B houses;

1. Application of Acts and subordinate statutes, such as output of cooperative Internet homepage;

1. Article 86 Subparag. 6 of the relevant Act and Articles 86 and 81(1)1 of the former Act on the Maintenance of the Urban and Residential Environments (Amended by Act No. 14943, Oct. 24, 2017); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel’s assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act asserted that although prior to the approval of the amendment of the articles of incorporation, the contents to be modified were disclosed via the Internet, etc., and in fact, the modification was approved as disclosed on the Internet, it cannot be viewed as violating the above law.

According to the above evidence, the following facts are recognized.

① From October 22, 2016, the Defendant was the head of the above partnership.

2. The association operated the Internet homepage (D) and the Internet camera (E) separately for the business affairs of the association.

3. On April 1, 2017, the foregoing union duly passed a resolution to hold a general meeting and to amend part of the articles of association, and the same month.

6. A board of directors was held to report the results of the above general meeting, and F, a general director of the above union, shall be held the Internet car page around April 7, 2017.

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