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(영문) 서울서부지방법원 2016.05.27 2016고정151
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From June 1, 2012, the Defendant is the president of the “E Housing Redevelopment and Improvement Project Association” in Yongsan-gu Seoul Metropolitan Government D Building 307 from around June 1, 2012.

Despite the resolution of the general meeting on the loan of the funds of the Housing Redevelopment Cooperative, its method and interest rate, and method of repayment, the Defendant borrowed the amount of KRW 10 million from the auditor F of the partnership at the above partnership office on May 15, 2013 on the condition of 10% per annum, and on July 23, 2013 on the change date, without going through the resolution of the general meeting. As shown in the list of crimes in the attached Table, the Defendant borrowed the amount of KRW 299 million over 34 times from that date to February 27, 2015, and did not undergo the resolution of the general meeting.

Summary of Evidence

1. Statement by the defendant in court;

1. The current status of loans borrowed by the primary member and the current status of loans borrowed by the secondary member shall be governed by statutes;

1. Subparagraph 5 of Article 85 and Article 24 (3) 2 of the former Act on the Maintenance of Urban and Residential Environments (Amended by Act No. 13508, Sep. 1, 2015) concerning facts constituting an offense

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant appears to have caused the instant crime since the Seoul Special Metropolitan City’s loan to the instant association was not made for a considerable period of time, considering the circumstances favorable to the Defendant, such as the fact that the Defendant had no record of the same crime.

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