A. On June 12, 2016, the Defendant, misunderstanding the facts and misapprehending the legal doctrine, was elected as a temporary development chairperson at a meeting of the development committee (hereinafter “development committee”) from the Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “development committee”) (hereinafter “instant meeting”).

Therefore, the defendant's act of preparing a letter of recommendation to recommend E as "the J Development Chairperson" and submitting it to the head of the I Eup/Myeon as "the letter of recommendation to recommend E" does not constitute the preparation of qualification documents and the crime of gambling.

The judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts and legal principles.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the record as to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant was legally elected as a temporary development chairperson at the instant meeting.

shall not be deemed to exist.

This part of the Defendant’s assertion is without merit on the premise different from this premise.

1) Article 9 of the Articles of the Development Committee’s articles of incorporation provides that an ordinary general meeting shall be held as of the end of December each year, and an extraordinary general meeting shall be held as of the end of December, 200.

Although there may be room for the instant meeting to constitute an extraordinary meeting in light of the time of holding the meeting, the development chairperson or the board of directors at the time of holding the instant meeting recognized the necessity thereof.

There is no evidence to see.

The Defendant served as the Chairperson at the time of the instant conference through R.

L (Article 5(1) of the Ordinance on the L (Article 5(1) of the Sincheon-gun Development Committee, the term of office of the chairperson of the Development Committee is two years, L is elected as the chairperson of the Development Committee on June 24, 2013, and accordingly, the term of office of the chairperson of the Development Committee was expired at the time of June 12, 2016, which is the day of the instant meeting, but it seems that L was virtually continuing the role of the chairperson of the Development Committee because it was not an election of the new chairperson after the expiration of the term of office.).