A A Fine of 4,00,000 won, Defendant B of 3,000,000,000 won, Defendant C, D, E, and F of each fine of 1,000 won.

[2013 Highest 122]

1. On February 23, 2012, Defendant A was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. in the Daejeon District Court red support on February 23, 2012, as a person who operates the J chickens in the I market located in Chungcheongnamnam H, and Defendant B was a person who operates the K chickens house in the above market.

8. 25. The judgment became final and conclusive.

In the above market, the merchant's association is composed of the merchants' association. According to the articles of incorporation, the total number of directors of the merchant's association is composed of 13 general persons and 7 fishery persons, and directors are elected with the recommendation and consent of the members of each shop, and the board of directors is established by the attendance of the majority of the registered directors and determined by the affirmative vote of the majority of the present directors

The merchants' association was launched in September 2004, and the first and fourth presidents were composed of the board of directors, which does not violate the above articles of incorporation, even if there are some vacancies in the board of directors.

However, around January 19, 2011, at the time when Defendant A was elected as the president, some of the general merchants set up a separate self-governing council and withdraw from the merchants' association.

Defendant A, in violation of the above provisions of the articles of incorporation, voluntarily appointed Defendant B as the chief vice-chairperson of Defendant B, as the auditor, M as C, D, E, F, and N, respectively, without the recommendation or consent of the members by item.

The shop occupants in the above market had a complaint about the fact that the merchants' association did not reasonably determine the management expenses but arbitrarily excessively excessive. Among them, some of the merchants demanded the holding of the general meeting in response thereto, but the merchants' association did not comply with it.

On February 17, 2012, some merchants did not pay the management expenses, and the defendant A, B, directors C, D, E, and F decided to hold a board of directors to take the measures of cutting off the commercial buildings which did not pay the management expenses.

However, there are commercial buildings in arrears of management expenses.