The defendant shall be innocent.

1. The summary of the facts charged in the instant case served as the chairman of the council of occupants’ representatives in Seo-gu, Seo-gu, Seocheon-gu, Seoul, from January 2, 2010 to December 2, 2011.

The above apartment is managed autonomously as the chairperson of the council of occupants' representatives and the representative of the Dong.

The council of occupants' representatives shall appoint a new head of the management office within 30 days from the date a vacancy occurs when the head of the management office appointed pursuant to Article 53 (4) of the Enforcement Decree of the Housing Act is dismissed or due to other reasons.

Nevertheless, while the defendant was in office as the chairperson of the council of occupants' representatives, the head of the management office D applied for sick leave on October 17, 201 and a vacancy occurred without attending the office 13 weeks, the defendant did not elect a new head of the management office.

2. As to the facts charged in the instant case, the prosecutor charged a public prosecution by applying Article 99 Subparag. 2 and Article 55(1) of the Housing Act.

Article 99 (2) of the Housing Act provides that "a person who fails to assign a housing manager, etc. in violation of Article 55 (1) shall be punished by a fine not exceeding ten million won," and the main sentence of Article 55 (1) of the same Act provides that "a person who falls under any of the following subparagraphs who manages a multi-family housing under Article 43 (1) shall assign a housing manager under Article 56 (2) as the head of the management office of the relevant multi-family housing" and each subparagraph of the same provision provides that "1. council of occupants' representatives (limited

2. Rental business operators under subparagraph 4 of Article 2 of the Rental Housing Act,

3. Project undertakers before handing over the management duties pursuant to Article 43 (6);

4. The term "housing management operator" is defined as his principal.

The council of occupants' representatives of multi-family housing is an unincorporated association in its legal nature, and in the case of an association which is not a corporation, if there is a special penal provision under the positive law, it will be subject to punishment.

The Housing Act No. 99, No. 2, and No. 55,1.