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(영문) 서울중앙지방법원 2015.01.15 2014고정4692
도시및주거환경정비법위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the president of the Jung-gu Seoul Central Housing Redevelopment Project Cooperatives Association, and Defendant B is the general secretary of the partnership.

1. The executives of a maintenance and improvement project association who have failed to make the details of the monthly deposit and withdrawal of funds shall make the details of the deposit and withdrawal of the monthly funds available to the public along with the Internet and other methods within 15 days from the date on which the details of the deposit and withdrawal of the funds are prepared or changed;

Nevertheless, the Defendants conspired to disclose the detailed details of the monthly deposit and withdrawal of funds used by the said union from January 1, 2014 to January 31, 2014, including where the details of the monthly deposit and withdrawal of funds are not disclosed until February 15, 2014, within 15 days from the date of change.

2. Where the association members, owners of land, etc. request the perusal or reproduction of the documents related to the implementation of a rearrangement project and related materials, the executives of an unpublic maintenance project association shall comply with such request within 15 days.

Nevertheless, at around May 30, 2014, the Defendants conspired to submit each request for disclosure stating "members' right to know", "lists of members", "lists of members on December 7, 2013, records of general meetings on January 2014, February, March, and April, 2014, and detailed details of monthly loans and withdrawals" for the purpose of use from H in the above partnership office located in Jung-gu Seoul Metropolitan Government, Jung-gu. However, the above request for disclosure was not made public within 15 days from this date.

Summary of Evidence

1. Defendants’ respective legal statements (the second court date);

1. Protocol concerning the suspect interrogation of each of the Defendants

1. The police statement of H;

1. Details of the current status of fund operation on the website, overall details of the public notice on the website, and monthly entry and exit of data on the website;

1. Application of the applicable Acts and subordinate statutes to each request for information disclosure;

1. Criminal facts;

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