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(영문) 부산지방법원 2018.05.30 2017고정2069
주택법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendants were elected as officers of the D Regional Housing Association through an extraordinary general meeting on October 30, 2016, and Defendant A is the president of the association, E, and Defendant B is the directors.

1. The officers of a housing association shall make public the documents and data related to the implementation of the housing association project in parallel with the Internet and other methods to make them known to its members within 15 days after the documents and data are prepared or modified;

Nevertheless, in collusion with E, the Defendants did not disclose the agreement with SK Construction Division written around March 2017, the F and other service companies’ selection agreement written around February 2017, the minutes of the general meeting of cooperatives opened on February 19, 2017, and the monthly fund raising and withdrawal statement by Internet or other means within 15 days.

2. Where a member of a housing association requests the perusal or reproduction of documents and related data concerning the implementation of a housing association project, including documents referred to in Article 12 (1) of the Act, a list of members of the housing association, a written consent to land use, and other related documents and data prescribed by Presidential Decree, the executives of the housing association shall comply with such request within 15 days;

Nevertheless, in collusion with E on March 8, 2017, the Defendants did not allow the perusal and reproduction of the agreement with the SK Construction Department, the agreement with the service company, such as F, the general assembly and the board of directors, and official documents on the implementation of the project.

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. Partial statement of witness G;

1. Application of Acts and subordinate statutes by notification of the content certification, response of the D Regional Housing Association, and closure of the website;

1. Article 104 Subparag. 2 and Article 12(1) of the Housing Act for the crime, Article 30 of the Criminal Act (a non-disclosure of documents related to the implementation of a housing association project), Article 104 Subparag. 3 and Article 12(2) of the Housing Act, Article 30 of the Criminal Act (a non-compliance with a request for reproduction by a member of an association) for the selection of a fine [Article 104 Subparag. 2 and Article 12(1) of the Housing Act].

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