A. The Defendant’s act of misunderstanding the facts was not intended to affect the application of the Seoul Central District Court Decision 2015 Kahap 80320 Kahap, and the application of a provisional disposition for appointment of a job partner, and the Defendant’s use of the management expenses for advertisements posted in F and G (hereinafter “instant newspaper advertisements”) around August 4, 2016 was not the victim E but L, and the victim was the victim’s use of the management expenses as the litigation expenses. There is a circumstance that the victim was a conflict with the AI film board and the management service company, which is the AI film board and the management service company.

B. misunderstanding of legal principles 1) The Defendant erred that the content of the newspaper advertisement of this case conforms to the facts, and there was an error in the premise of the grounds for the dismissal of illegality, and there is a justifiable reason so the illegality is dismissed.

In addition, the court below did not decide on this.

2) The Defendant, prior to publishing the instant newspaper advertisement, was given legal advice from attorney Kim Gon, and thus, the Defendant’s act constitutes a case where justifiable grounds exist to mislead the misunderstanding that his act does not constitute a crime under the law, and thus, the Defendant is held accountable pursuant to Article 16 of the Criminal Act.

(c)

The punishment of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and investigated by the lower court, the following facts and circumstances can be acknowledged.

A) Members of the Commercial Building Steering Committee of D Building including the Defendant filed an application for provisional disposition with the Seoul Central District Court to suspend the performance of duties of the victim who was a manager of the above building, and to appoint a new manager acting for him (Seoul Central District Court 2015 Kahap 80320 Kahap), and the Defendant filed an application for provisional disposition on September 23, 2016 with the police around September 23, 2016, “the victim submitted his written opinion in the above case on August 2, 2016, and Asia Asset Management Co., Ltd., the owner of the AI film site, filed the application for provisional disposition on August 3, 2016.