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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 800,000.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. The lower judgment by misapprehending the legal doctrine was pronounced guilty of the facts constituting the crime No. 2 and 3, and thus, the former Act on the Maintenance of Urban and Residential Environments (amended by Act No. 13912, Jan. 27, 2016; hereinafter “former Act on the Maintenance of Urban Areas”).
There is an error of law in misunderstanding legal principles in interpreting "a contract that becomes a partner's burden, other than the matters stipulated in the budget" under Article 24 (3) 5 and "use of maintenance project costs" under subparagraph 4 of the same paragraph.
B. The sentence of the lower court (Defendant A: 2 million won, Defendant B, C, D, and E: each of the 200,000 won) is too unreasonable.
2. Determination
A. 1) Determination of the lower court as to the assertion of misapprehension of the legal doctrine as to the charge No. 2 of the lower judgment, in full view of each of the circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the instant monetary consumption lending contract and the instant modeling service contract constitute “a contract that imposes a burden on union members other than the matters stipulated in the budget” as stipulated in the former Urban Community Act, and thus, it is reasonable for the lower court to have convicted the Defendants of this part of the facts charged. In so determining, it did
A) Article 24(3)5 of the former Act provides that “a contract that shall be borne by a cooperative member, other than the matters stipulated in the budget” refers to a contract under which a cooperative, out of the items and scope set forth in the budget of the cooperative, has disbursed money or has performed its obligation to pay expenses to the cooperative members (see Supreme Court Decision 2010Da105112, Apr. 28, 201). Even if it is difficult for a cooperative to make a prior resolution on all the details of its business to be promoted at a general meeting, where a “contract that shall be borne by a cooperative member, other than those set forth in the budget” is concluded, the purpose and content of the contract to be promoted at the general meeting, and the degree of the cooperative’s burden to be borne by the cooperative members is outline