Text
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant was the president of the Housing Reconstruction Project Association.
Where members, etc. request perusal or reproduction of documents and related data on the implementation of reconstruction improvement projects, the project implementer shall comply with such request within 15 days.
1. Nevertheless, on January 19, 2016, the Defendant, as the head of a cooperative association of C Apartment Housing Reconstruction and Improvement Project Association, receives a request from members E, etc., for “F additional construction cost, G (tax accounting corporation branch rate), attorney H law office, and I for each main transaction date,” and the disbursement statement of KRW 190,743,310, such as P68 preservation registration and cancellation of union member's trust registration,” management and disposal, “a copy of the business cost, P67, P67, P107, P67, “A copy of the business cost”, “A statement of non-interest relocation cost settlement”, “A statement of Article 3(2) of the special agreement with F,” “A statement of payment for directors, auditors, etc. after 208,” and without complying with the request within 15 days.
2. On January 28, 2016, upon receiving a request for perusal or reproduction of the materials referred to in the preceding paragraph and the documents referred to in the preceding paragraph from the members E, etc., from the members E, etc. at the same place, the following did not comply with the said request within 15 days.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness E, the witness J and the K respectively legal statement;
1. Application of Acts and subordinate statutes for proving each content (see attached to the complaint);
1. Subparagraph 6 of Article 86 and Article 81 (6) of the former Act on the Maintenance of Urban and Residential Environments (Amended by Act No. 13912, Jan. 27, 2016) 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 portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;
1. The facts charged.