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(영문) 대구지방법원 2018.08.31 2018노1959
도시및주거환경정비법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the instant facts charged by the misunderstanding of legal principles, the agreement on the loan of intermediate payments (hereinafter “the instant loan agreement”) under the instant facts charged was concluded in accordance with the said agreement, and was discussed by the board of directors of the E Housing Reconstruction and Improvement Project Association (hereinafter “the instant association”). At the time of concluding the agreement on the loan of intermediate payments by union members, the union members were aware of the contents of the agreement upon receipt of the notification, and there was no objection, and the Defendant was only to the extent that Q or bank did not have any legal knowledge and affixed seal impression by promoting most of the projects in Q Q. Upon the conclusion of the instant agreement, Q or bank did not request a resolution by the general meeting; all union members were delegated with comprehensive delegation of the instant loan agreement.

In full view of the facts that there are circumstances to view, the instant loan agreement does not constitute a case of borrowing funds, etc., the Defendant is not guilty on the ground that there is a justifiable reason to believe that the Defendant was not a crime under the law.

B. The sentence that the court below sentenced the defendant to the sentencing unfair is too unreasonable (2,000,000 won).

2. Determination

A. As to the assertion of misunderstanding of legal principles, it generally 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 one’s own special circumstances, it shall not be punishable if there are justifiable grounds for misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding see that it shall not be punishable misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding - misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding

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