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

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

Punishment of the crime

The defendant is the head of the F Housing Redevelopment Project Association in Songpa-gu Seoul Metropolitan Government E.

According to the Urban and Residential Environment Rearrangement Act, the appointment and dismissal of the executive officers of the partnership shall undergo a resolution of the general meeting of the partnership.

At around 17:00 on March 22, 2017, the Defendant: (a) held a board of representatives to resolve to dismiss the president G, general secretary-general H, and auditor who is an executive officer of an association; and (b) around that time notified the members of the relevant fact to the text message and the newsletter of the association.

Accordingly, the defendant dismissed the executive officers of the partnership without the resolution of the general meeting of the partnership.

Summary of Evidence

1. Statement of examination of the witness of H;

1. Submission of reference materials ( complainants);

1. The defendant and his defense counsel asserted that the minutes of the board of representatives and the request for convening the board of representatives [the defendant and his defense counsel inevitably convened the board of representatives, there is no resolution on the direct dismissal agenda at the board of representatives, and the notification of the result of resolution is a process of performing the affairs of the association as natural, and thus, the facts charged in this case cannot be accepted.

However, it is sufficient to recognize the defendant as the principal who dismissed an executive officer of an association without a resolution of the general meeting of the association, in full view of the status of the defendant within the association, the performance of duties and responsibility as the president of the association, the role of the defendant at the time of the meeting of the representative, the result of the resolution

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Application of Statutes

1. The former Act on the Maintenance of Urban and Residential Environments (amended by Act No. 14567, Feb. 8, 2017) and the Act on the Maintenance of Residential Environments, which were wholly amended by Act No. 14567, Feb. 8, 2017, were in force from February 9, 2018. As such, the Act, which was the date of the instant crime, was the former Act, applied on March 22, 2017.

Article 85(5) and Article 24(3)(8), Selection of fines

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