A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for a period of one year after this judgment becomes final and conclusive.

Punishment of the crime

1. As to the Defendant’s status and the result of the relevant lawsuit, the Defendant was in the position of the representative of each Dong over three occasions, including: (a) the 6th period from January 2007 to December 2008; (b) the 7th period from January 2009 to September 2010; (c) the 10th period from January 201 to December 2016; and (d) the 12th period from January 201 to December 2016, the Defendant was elected as the chairperson of the representative meeting of the occupants of the above apartment; and (e) the 11th period of the 11th unit resident representative meeting of the above apartment (hereinafter “the instant report”). On December 16, 2016, the Defendant was appointed as the chairperson of the above apartment building on November 2 to December 12, 2016.

However, after the acceptance of the instant report, on January 201, 2017, the Gwanak-gu Office notified the Defendant, who had been in the position of representative of each Dong on three occasions, as the representative of each Dong, and elected the representative of the occupant council as the president of the occupant council, of the fact that the representative of each Dong was in violation of the Enforcement Decree of the Multi-Family Housing Management Act that limits the number of times of the representative of each Dong, and issued a disposition to revoke the acceptance of the instant report against the Defendant (hereinafter “instant disposition of revocation”) around April 20, 2017.

Accordingly, on January 25, 2017, upon receipt of the notification from the Gwanak-gu Office that the instant report is null and void, the head of the above B apartment management office opened a public announcement of the recruitment of election management members and the election management committee on January 25, 2017, and up to March 29, 2017, C was elected as the chairperson of the tenant representative council on March 29, 2017.

On the other hand, the auditor D of the representative meeting of occupants of the above apartment building is in the position of the chairman of the representative meeting of occupants to the Seoul Central District Court on May 17, 2017.

The defendant alleged that it cannot be said that he/she applied for a provisional disposition seeking suspension of the performance of his/her duties as the chairperson, but received a decision dismissing the application for provisional disposition on July 20, 2017 and confirmed the decision on August 1, 2017 (Seoul Central District Court 2017Kahap 195), and the defendant on August 16, 2017.