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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is the president of the D Housing Redevelopment Project Association (hereinafter “instant Partnership”) with the purpose of housing redevelopment project with the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City housing redevelopment project area.

An executive of a union shall undergo a resolution of the general meeting on matters concerning the borrowing of funds, method of such borrowing, interest rate, and method of repayment.

1. On May 2017, the Defendant decided to borrow KRW 100 million from creditors E and the debtor as the instant association, without going through the resolution of a general meeting, and received from E, a stock company, the amount of KRW 20 million on May 12, 2017, KRW 100 million on loan, KRW 20 million on June 13, 2017, KRW 20 million on July 17, 2017, KRW 20 million on July 17, 2017, KRW 20 million on August 16, 2017, and KRW 20 million on September 15, 2017, from each of the instant associations.

Accordingly, the defendant, who is an executive officer of a union, borrowed a total of KRW 100 million from E without a resolution of the general meeting.

2. On June 29, 2017, the Defendant, without going through the resolution of the general meeting, intended to borrow KRW 80 million from creditors to F Co., Ltd. and the debtor as the instant partnership, and received KRW 80 million from F Co., Ltd. to the credit union account in the name of the instant partnership on the same day under the pretext of a loan.

Accordingly, the defendant, who is an executive officer of a union, borrowed 80 million won from F Co., Ltd. without a resolution of the general meeting.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police in relation to G;

1. Documents requested for support for each loan, copies of bankbooks, and contract for lending and borrowing of money;

1. A contract for special management services or design service contract for a rearrangement project;

1. Minutes of the ordinary general meeting of 2017 and those of the ordinary general meeting of 2017;

1. Application of Acts and subordinate statutes to the monthly fund-raising and withdrawal materials (Seoul Metropolitan Government clean business system);

1. Subparagraph 5 of Article 85 and Article 24(3)2 of the former Act on the Maintenance of Urban and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same) on criminal facts, the selection of a fine, etc.