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Defendant shall be punished by a fine of 300,000 won.
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 head of the association of the partnership for reconstruction of apartment housing reconstruction project in South-gu, Dong-gu, Seoul.
Where a member of an association requests perusal or reproduction of the documents and related data on the implementation of a rearrangement project, the executives of the reconstruction and improvement project association shall comply with such request within 15 days.
Nevertheless, the Defendant received a written request from the above partnership office from May 2017 to July 14, 2017 to copy documents regarding the implementation of housing reconstruction improvement projects, such as the details of public announcement of daily newspapers related to infrastructure rearrangement projects, from D, a member of the above partnership, on three occasions, as shown in the list of crimes, but failed to comply with the request within 15 days for the documents listed in the attached Table No. 1 or No. 7.
Accordingly, the defendant did not comply with the request for copying documents for the implementation of the rearrangement project by the members within 15 days.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Application of Acts and subordinate statutes for the duplication of data of a rearrangement project association for reconstruction of apartment housing of each C, verification of each content, and perusal and duplication of each data;
1. Article 86 subparagraph 6 of the former Act on the Maintenance of Urban and Residential Environments (Amended by Act No. 14567, Feb. 8, 2017) and Article 81 (6) of the same Act (amended by Act No. 14567, Feb. 8, 2017) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In light of the legislative intent of Article 334(1) of the Criminal Procedure Act, in order to ensure transparent operation of a housing reconstruction association based on the sentencing of Article 334(1) of the Criminal Procedure Act, and to guarantee members’ right to know, the Defendant’s error is minor.
There is no room to view it.
However, the defendant recognized his mistake and is in profoundly against himself.
In light of the status of D requesting duplication, there are circumstances that can be considered in the process of crime.
The defendant shall make a copy of the materials which he has late after, to D.