Therefore, even though the defendant can be fully recognized that he/she has been aware that he/she is qualified as a representative of the commercial building management team, there is insufficient evidence to recognize the defendant's criminal intent.

In light of the above, the court below acquitted the defendant.

2. The summary of the facts charged in the instant case is that “The Defendant, although not elected by the representative of the D Management Group, he/she prepared a document with the qualification of the representative of the D Management Group as of December 20, 2013 and January 2, 2014, and exercised the document.”

The lower court, based on evidence, publicly announced on December 10, 2013 the “Guidance to Call up a General Meeting of Management Group” of the instant commercial building; (4) on December 28, 2013, part of the owners of the instant commercial building held a general meeting; and organized and organized the “D Management Group”; and (2) made a resolution on the appointment of the Defendant as the administrator; (3) on December 15, 2013, the number of the members at the time was eight; but on December 15, 2013, the number of the owners of the instant commercial building was eight; (16 of the owners of the instant commercial building as the custodian was signed or sealed jointly in the documents stating that the “election of the Defendant as the manager” was jointly signed or sealed by the Incheon Tax Office; and (3) on January 2, 2014, the Defendant obtained the above D Management Number as a non-profit corporation; and (4) on the legality of the Defendant’s manager as the manager from the previous controlled entity, the Defendant was lawfully recognized by 34.