A. The illegality of the facts alleged by the defendant is excluded because the facts alleged by the defendant are not false, and the facts stated in the facts charged are stated for the public interest.

B. The Prosecutor’s sentence of the lower court (the sentence to be suspended and suspended: fine of KRW 500,000) is deemed to be too unhued and unreasonable.

2. Determination

A. The court below asserted that the defendant's assertion of mistake of the facts was made to the same purport. The defendant argued that the court below and the court below had the following circumstances acknowledged by the evidence duly adopted and investigated: ① the management expenses are "amount contributed to meet the management expenses incurred during the period before the initial occupancy was imposed," and in the apartment of this case, they were collected as "deposit money" from the occupants; ② the management expenses are imposed after the first occupancy was imposed and collected after the first occupancy, so long as the management expenses were not paid in advance, the deposit of this case seems to have been properly used; ③ there was no error in the disbursement of management expenses incurred during the external audit conducted in relation to the management expenses of the apartment of this case; ④ The defendant's act was lawfully acknowledged by stating that each of the defendant's act constituted a false statement by stating that the defendant's act was damaged to the defendant's reputation, as stated in the Criminal Act, even if it was related to the double disbursement of management expenses of this case.