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(영문) 서울중앙지방법원 2016.02.17 2015고정2662
도시및주거환경정비법위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The facts charged in this case

(a) No person who Defendant A shall provide money or goods in connection with the selection of a specialized management entity of a rearrangement project under Article 69 of the Act on the Maintenance of Urban and Residential Environments;

On March 25, 2013, the Defendant, as the representative director of the company specializing in housing reconstruction and improvement projects (ju)B, was selected as a specialized management contractor for the rearrangement project of the K Apartment Housing Reconstruction and Improvement Project (hereinafter “K Apartment Housing Association”), but on January 21, 2014, the Defendant lost the status of a specialized management contractor for rearrangement projects by receiving notification of termination of the service contract from the K Apartment Association on January 21, 2014.

On the other hand, LA, which was the president of the K Apartment Partnership at the time when the notice of termination of the service contract was issued, was dismissed from office at the extraordinary general meeting on May 29, 2014 due to some members’ differences in opinion, and C, who was responsible for performing the duties of the president after the resolution of dismissal, was unable to receive the transfer from the former president LA necessary for the management of the fund of the association, while there was a dispute over the procedural defects of the extraordinary general meeting.

In such a situation, the Defendant, on July 2014, was requested by the first police officer C for the provision of special meeting expenses for the election of the president of the association. Accordingly, on the condition that the withdrawal of the termination of the service contract with the State B was presented as the agenda of the association and the payment of the service expenses for the State B, the Defendant agreed with C, etc. during the high seas cycle of the special meeting expenses on the condition that the withdrawal of the termination of the service contract with the State B was made.

Accordingly, at around 19:00 on July 31, 2014, the Defendant provided KRW 15,077,160,000, including the total of KRW 1,766,160, the cost of producing advice in relation to the holding of an extraordinary meeting to elect the president of the association of K apartment reconstruction and rearrangement projects, KRW 1,66,160, the cost of producing banner, and KRW 517,00,00, the cost of manufacturing banner, and the cost of stenography and safety personnel, such as the stenographic and safety personnel, KRW 1,60,00,00, and KRW 11,09,00,000.

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