The defendant's appeal is dismissed.

The disclosure by the Defendant of a mistake of the gist of the grounds for appeal constitutes the minutes prescribed in Article 81(1)3 of the former Act on the Establishment of Urban and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”).

Article 81 (1) 3 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Violation of the Constitution only stipulates that the subject to disclosure shall be made public, and since the method of preparing minutes and standards for preparing minutes are not clearly prescribed, it violates the principle of clarity derived from the legal principle of a crime under the Constitution.

Therefore, the judgment of the court below that found the Defendant guilty by applying the legal provision of this case, which is unconstitutional, was erroneous in violation of the Constitution and affected the conclusion of the judgment.

The punishment of the court below (700,000 won) which is unfair in sentencing is too unreasonable.

Judgment

Article 81(1) of the former Urban Community Act provides that the details and legislative purport of the former Urban Community Act, and Article 81(1) of the former Urban Community Act, which provides that an executive officer, etc. of a cooperative, etc., who fails to comply with the disclosure, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won, in violation of Article 81(1) of the former Urban Community Act, shall be punished by imprisonment with labor for not more than 15 days, or by a fine not exceeding 10,000 won, when making it public within 15 days after the documents and relevant data set forth in subparagraphs 1 through 9 concerning the implementation of a rearrangement project are prepared or amended.

As such, the purport of the former Act to disclose the documents and materials related to the implementation of a rearrangement project and the penal provision for the chairperson of the promotion committee or the executive officers of the association who violated the Act is to implement the redevelopment project, and the executive officers of the association operate the enormous project fund by representing the association.