A. In a case where a union becomes a party to a lawsuit or where a person who acts as the president of a union becomes a party to a lawsuit in connection with the affairs of the union, the Defendant executed the attorney’s fee with the belief that it would avoid paying the attorney’s fee out of the funds of the union, and there was justifiable reason to believe that it executed the funds of the union with consultation from two attorneys

Therefore, the court below erred by misapprehending the legal principles that found the Defendant guilty of the facts charged in this case even if the Defendant’s act constitutes an act by mistake of law and thus, thereby affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of this case, the sentence that the court below sentenced against the defendant (the imprisonment of 8 months and the suspended sentence of 2 years) is too unreasonable.

2. Determination

A. Article 16 of the Criminal Act provides that an act of misunderstanding that one's act under Article 16 of the Criminal Act does not constitute a crime under the law shall not be punishable only when there are justifiable grounds for misunderstanding. However, in his/her own special circumstances, it shall not be punishable if there are justifiable grounds for misunderstanding, recognizing that his/her act was permitted by the law and does not constitute a crime under the law. Whether there exists justifiable grounds or not should be determined depending on whether the act was not aware of the illegality of his/her own act by failing to exhaust all his/her intellectual ability even though there was a possibility that he/she could be aware of the illegality of his/her act if he/she had performed his/her own intellectual ability to do so, and the recognition of illegality is necessary.