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(영문) 대구지방법원 2017.03.09 2016고단3373

자격모용사문서작성등

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the person who was the chairperson of the Jung-gu Incheon Metropolitan Council for Residents' Representatives of E Apartments from February 2, 2014 to December 31, 2014, and Defendant B was the person who was in charge of the above E apartment 105 representative affairs from January 1, 2015.

The F was elected as the E apartment 108 representative by the direct election of the occupants of the above E apartment on November 28, 2014. On December 1, 2014, the E apartment election management committee publicly announced the elected 16 representatives for each Dong, including the above F, on December 1, 2014. The F was elected as the chairperson of the New Residents' Representatives' Representatives of E apartment on December 19, 2014 and announced the elected person on December 31, 2014.

Defendant A, in order to continue to hold the office of the president of the representative meeting of occupants, only on the ground that he raised suspicion that F had been engaged in an illegal election at the competitor of the above F, Defendant A, without properly verifying the suspicions, had the election management members of the E apartment election management commission, who are one of his neighboring members, continue to play the role of the president of the E apartment election management commission on January 8, 2015, after the term of office of the above FF begins, without providing the F with any opportunity to explain the suspicions, and on January 8, 2015, “F becomes invalid due to an illegal election.” The apartment management rules of the above apartment management rules provide that “if the president is not elected after the expiration of the term of office of the representative meeting of occupants, etc., the ordinary affairs and emergency affairs continue to be exercised until the chairman is elected.”

The above E apartment is entitled to leave the election of the tenant representative meeting only by the representative of each Dong.

1. Defendant A

A. On January 23, 2015, the Defendant committed a crime on January 23, 2015, at a location not exceeding Daegu-si (Seoul-si) around January 23, 2015, 2013, which was filed by G stock company against the representative meeting of apartment occupants, provides for the foregoing case as an attorney H.