The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misapprehension of legal principles are the principal who holds a general meeting of a cooperative and selects a contractor, and a person does not fall under “a person” as prescribed by Article 11 of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”). The Cooperative’s offering of mixing machines and merchandise coupons to the members present at the general meeting does not constitute “a person”, and the Cooperative’s offering of mixing machines and merchandise coupons to the members present at the general meeting is designed to encourage the members to directly attend the meeting, and is not related to the selection of a contractor, and thus, the lower

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. No summary of the facts charged may offer money, valuables, entertainment or other property benefits, or offer money, valuables, entertainment or other property benefits through a third party in connection with the selection of the contractor.

Nevertheless, on May 31, 2014, the Defendant held an ordinary general meeting in 2014 to select the construction works of the redevelopment and rearrangement project association for F housing in the E church located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. From among the 110 members present at the above general meeting, the Defendant divided mixing machines and merchandise coupons of 75,000 won at the market price to 10 members among the 110 members present at the above general meeting, and provided all the members with money and entertainment by providing 3,50,000 won at the market price to all the members of the meeting.

B. 1) Article 11(5)1 of the former Act provides that a person cannot provide, display an intention to provide, or promise to provide, gold, entertainment, or other property benefits in connection with the selection of a contractor, which requires that the provision of money, valuables, etc. is related to the selection of a contractor.

On the other hand, when the general meeting of the housing redevelopment project association makes a resolution, not less than 10/100 of the members of the association.