A. In other words, it is not false that the accounting company renounced the audit of the details of the non-use of the management of the apartment of this case as stated in the former part of the distribution by the misunderstanding of facts and legal principles, that is, the accounting company knew that there is a problem in the item of the expenditure evidence, and there is no account book on the revenues and expenditures to the representative meeting of occupants of the apartment of this case, and that the management expenses were disbursed without going through the resolution of the committee at the representative meeting of occupants, even though the management expenses were spent at the representative meeting of occupants.

Even if there are some false facts in its contents, the Defendant believed that the content was true in light of various circumstances at the time, and there were reasonable grounds to believe that the content was true, and its main purpose was to promote the public interest of the occupants of the apartment of this case, and thus, the Defendant’s guilty of the facts charged of this case is erroneous in the misapprehension of legal principles and misunderstanding of legal principles, even though illegality should be excluded in accordance with Article 310 of the Criminal Act.

B. The sentence sentenced by the lower court to the Defendant (hereinafter “the penalty”) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the following facts are acknowledged.

① There exists a ledger on the ledger of the total account of apartments, cash receipts and disbursements, and financial transaction details stating the details of expenditure for the management of the apartment of this case.

② The chairperson E of the representative meeting of occupants of the apartment of this case, after obtaining prior consent from the occupant representative meeting or ex post ratification, spent management expenses for the purposes, such as the value of tin stone, rice tea, gift, holiday expenses, etc.

(3) The Defendant’s entry and exit account books of the instant apartment from November 7, 201 to November 11, 201.