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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles, Defendant A did not actually work as the chief executive officer of the partnership; and in addition, in light of the proviso of Article 18(4) and Article 16(6) of the Union’s articles of association, where the chief executive officer resigns, the senior executive officer has the status as the chief executive officer of the partnership.
As such, Defendant A was in the position of the chief executive officer of the partnership.
It is also difficult to see it.
Even if Defendant A had been in the position of acting as the president of the partnership
In light of the principle of criminal statutoryism, it cannot be deemed that a person is a criminal subject under Article 86 subparag. 6 of the former Act on the Maintenance of Urban and Residential Environments (amended by Act No. 13508, Sept. 1, 2015; hereinafter the same).
B. Each sentence of the lower court’s unfair sentencing (an amount of KRW 500,000,000,000) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion that Defendant A was not in the position of the chief executive officer of the partnership, Defendant A may be recognized as having been in the position of the chief executive officer of the partnership of the B Housing Redevelopment Project Association for 15 days from September 11, 2015, which requested perusal and reproduction of documents, etc. pertaining to the implementation of the rearrangement project from September 11, 2015, when Defendant A requested perusal and reproduction of the documents, etc. related to the implementation of the rearrangement project.
Therefore, the defendant's above assertion is without merit.
1) Article 16(7) of the articles of association of a cooperative provides that “When the head of a cooperative is unable to perform his/her duties due to an accident or other reason, etc., the head of the cooperative shall act on behalf of the head of the cooperative in the order of the senior director.”
The president of a cooperative has resigned on June 1, 2015, and the resignation of the president of a cooperative constitutes “when the president of a cooperative is unable to perform his/her duties due to his/her failure to pay attention, etc.” As such, Defendant A, who was extended among full-time directors pursuant to Article 16(7) of the said articles of association, is the president of the cooperative.