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(영문) 서울동부지방법원 2014.10.16 2014노708

도시및주거환경정비법위반

Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not comply with the request for the detailed details and data of the printing fund does not have any clear provision on the disclosure of the details of the printing fund, the circumstances where the Defendant failed to separately prepare the detailed details according to the practice in which he did not separately prepare the details of the printing fund, or that he had already provided the data once on March 2013, or that there was a doubt that the Defendant could have been planning and audit to participate in the election of the president of the association by requesting again the data on the grounds of a certain difference in the amount, and that there was a suspicion that he would have been participating in the election of the president of the association on the grounds that he again requested the data on the grounds of a difference in the amount, and that the Defendant is old and has no criminal power, and that the Defendant recognized the instant crime in the past and the trial

2. The Defendant, 1940, who was the 1940s, refused to provide data for the purpose of hiding the corruption or interfering with the audit, such as hiding the sales fund by way of the fact that there is no criminal history, omitting some receipts, or using a personal card that is not a corporate card.

In light of the following facts: (a) it is difficult to separately prepare the detailed details of the printing fund rather than the printing fund; (b) it appears that the details were difficult to provide by arranging them only with the receipts; (c) it appears that there was no provision of the data by misunderstanding that the president of the cooperative would have been in front of the election, and that there was no special unexpected case while working as the president of the cooperative for a considerable period; (d) it seems that all of the instant crimes were recognized in the first instance trial; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., it is deemed that the sentence

Defendant’s assertion is with merit.

3. Accordingly, the appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds of its reasoning.