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(영문) 서울남부지방법원 2020.02.18 2019고정1277
도시및주거환경정비법위반
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

From April 2017, the Defendant is the president of the Housing Reconstruction Project Association in Gangseo-gu Seoul Metropolitan Government Housing Reconstruction Project Association located in B.

The partnership's officers of the housing reconstruction project association shall make public the documents and related data prescribed by the Act on the Implementation of the Rearrangement Project and shall also make public the Internet and other methods to make them known to the association members, owners of land, etc. or tenants within 15 days after the relevant data

1. The Defendant did not simultaneously disclose the written authorization to establish the housing reconstruction project under the name of the head of Gangseo-gu Office on the implementation of the rearrangement project of the said association, which was drafted on April 3, 2017, within 15 days from the said written authorization.

2. The Defendant did not simultaneously disclose the written authorization for establishing a housing reconstruction project (change) under the name of the head of Gangseo-gu Office on the implementation of the said association’s rearrangement project, which was drafted on August 1, 2018, to the public within 15 days from that date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the written accusation of D- written authorization for establishment of the association, written authorization for modification of the association, written notification on the request for inspection of the administrative disposition of the Cfinancial expenses promotion zone, and report on investigation (to listen to the telephone statement of a person in charge

1. Article 86 Subparag. 6 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017); Article 81(1) (Undisclosure of documents related to the maintenance and improvement project as of April 3, 2017) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 15676, Jun. 6, 2018); Articles 138 Subparag. 6 and 124(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 15676, Jun. 12, 2018); the nondisclosure of documents related to the maintenance

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's mistake in sentencing of Article 334 (1) of the Criminal Procedure Act is applicable to the provisional payment order.

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