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(영문) 인천지방법원 2017.06.16 2017고정722
도시및주거환경정비법위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged shall be an executive of the partnership that performs the duties of the president of the redevelopment and consolidation project partnership in Jung-gu Incheon Metropolitan City E, and the use of the maintenance and improvement project expenses shall be subject to a resolution of the general meeting of the partnership

Nevertheless, in using the rearrangement project cost from January 2012 to December 2014, the Defendant used the aggregate of KRW 42,240,448 from January 2012 to December 2013 of the same year as the total project cost of the rearrangement project cost from January 2012 to December 2013, 19,49,877, and each of the rearrangement project cost from January 2014 to December 2014.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court, the evidence alone presented by the prosecutor was used by the Defendant for the maintenance project without a resolution of the union or the board of representatives as stated in the facts charged.

In addition, it is difficult to recognize the defendant's use of the project cost of this case as a justifiable act that does not violate the social rules and thus, its illegality is excluded.

A. On August 201, the Defendant, while working as the head of a cooperative, suspended financial support for the Si project on the ground of a domestic real estate competition, etc., and disbursed only such minimum expenses as office rent, etc. for the maintenance of the cooperative without receiving any remuneration from the head of the cooperative, etc., and made a decision on the payment of the maintenance project cost by holding a representative meeting instead of a general meeting expected to incur considerable expenses due to the said shortage of funds. The Defendant stated that the monthly entry and withdrawal details, etc. from around August 2012 to around December 2014 correspond to the Defendant’s above statement.

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