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(영문) 서울북부지방법원 2017.07.07 2017고정995
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is the person who performs the duties of the partnership head of the district housing redevelopment project association.

In addition to the matters prescribed in the budget, a contract that will be borne by members shall be subject to prior decision at the general meeting of members.

The defendant, without going through a resolution of the general meeting of the partnership on October 3, 2016, at the office of Seongbuk-gu Seoul Metropolitan Government and the office of the partnership for the redevelopment improvement project for the third floor B housing in Seongbuk-gu and the third floor B, who is a maintenance and improvement project cooperative specialized management business entity D and the redevelopment resident's opinion, shall employ OS personnel to work in D and pay expenses after obtaining a resolution of the general meeting of the partnership.

“To enter into an oral contract” with the content of the agreement.

Therefore, it concluded a service contract that will become a partner's burden without the resolution of the general meeting of the association and carried out the project at will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of statutes on reference materials, such as service contract;

1. Subparagraph 5 of Article 85 and Article 24 (3) 5 of the Act on the Maintenance of Urban Areas and Residential Environments, concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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