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(영문) 부산지방법원 2018.05.25 2018노717
도시및주거환경정비법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding legal principles: (a) An owner of land, etc. who is not a partner does not have a duty to disclose the list of members; (b) since the owner of the land, etc. is only a partner, F, who has filed an application for perusal of the list of members for unlawful purposes to propose the dismissal of the president of the

② Since the Defendant refused to comply with a request to peruse the register of association members upon consultation by an advisory lawyer, the Defendant did not have an awareness of illegality.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. 1) Determination of misapprehension of the legal doctrine regarding the assertion 1) ① The purport of Articles 81(6) and 86 subparag. 6 of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017) is to comply with the request for perusal and reproduction of documents and materials pertaining to the implementation of a rearrangement project by a member or a landowner, such as a landowner, and the penal provision on the chairperson or an executive officer of a promotion committee who violated the provision is to secure transparency in a rearrangement project and to satisfy the right of the landowner, such as a member or a landowner, and to satisfy the landowner’s right to know. In light of the language and text, etc. of Article 81(6) of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments, the chairperson or executive officer of a promotion committee is obligated to comply with the request for perusal of the list of landowners

It is reasonable to view it.

In addition, there are no restrictions according to the purpose of the request for reproduction in addition to the above provisions of the law.

Therefore, the defendant's above assertion is without merit.

(2) Article 16 of the Criminal Act regarding the assertion provides that “A person’s act of making a mistake that his act does not constitute a crime under the law shall not be punishable only when there is a justifiable reason for such mistake.

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