A. As long as the documents written on the facts constituting the crime of the lower judgment (hereinafter referred to as the “documents of this case”) do not substantially have value as documents of the Down Housing Reconstruction Association (hereinafter referred to as the “Association”) and the Defendant did not have knowledge that he/she was keeping the documents of this case, the Defendant did not have intent to conceal the documents of this case, the lower court erred by misapprehending the facts, thereby convicting the Defendant of the facts charged.

B. The sentence of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the documents of this case were documents prepared, managed, and kept by the association at the time when the defendant worked as the president of the association of this case, and the defendant, even though he received a certificate of contents that he would return all documents related to the association from E, the president of the association of this case, several times from January 22, 2014, which was the president of the association of this case, but failed to comply therewith. In light of the above, the defendant can be found to have committed an intentional concealment of the documents of this case, even though he was aware that the documents of this case were documents related to the association of this case, and concealed them by means of keeping them in his residence without delivering them to the association

Therefore, the judgment of the court below with the same conclusion is just and the defendant's assertion of facts is without merit.

B. Some of the documents of this case regarding the determination of unfair argument of sentencing are deemed to have long time of preparation or to have been not required for the work of the union. However, the defendant denies the crime, and the defendant and the union of this case caused disputes.