The guilty portion shall be reversed.

Defendant

A The fine of KRW 3 million, and the defendant B shall be fine of KRW 5 million.

A. Defendants 1) misunderstanding of facts as to the F Housing Redevelopment Association (hereinafter “instant association”)

A) In compiling the budget, 40 billion won was set out in the reserve fund, and the purpose of the reserve fund was restricted by the articles of association, the general assembly or the board of representatives’ resolution. Thus, even if the Defendants paid attorney fees, etc. from the reserve fund as stated in the facts charged, the Defendants cannot be deemed to have entered into a contract with the members other than the matters set out in the budget without the general assembly’s resolution. Therefore, the Defendants cannot be deemed to have entered into a contract with the members other than the matters set forth in the budget. (ii) In order to hold the general assembly of the instant association one time more than 200 persons, the Defendants did not have sufficient time to wait for the general assembly of the union at least two months and the holding cost of the number of union members. Therefore, the Defendants chosen a method of executing the reserve fund inevitably and obtaining approval after the general assembly.

Therefore, Defendants’ act constitutes an emergency evacuation or legitimate act.

3) The sentence of unfair sentencing (Defendant A: a fine of KRW 3 million; Defendant B: a fine of KRW 5 million) is too heavy. B. The prosecutor 1) Article 24(3)4 of the Act on the Improvement of Urban Areas and Residential Environments (hereinafter “Urban Improvement Act”) provides the rearrangement project cost as one item; the contents of the items of the rearrangement project cost are very complicated and it is de facto impossible to make a general meeting resolution by each disbursement act in the form of a budget bill in practice; and the Defendants also tried to spend the expenses in excess of the budget amount of KRW 1.5 billion already passed by the general meeting according to the above operation method; and thereafter, the Defendants have paid the expenses for a continuous crime and attempted to make the above acts only once through a single resolution.