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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal: (a) the Defendant prepared a notice to the effect that “the victim does not pay 457,603,307 won for the E hotel management expenses in Busan, Daegu, Busan, up to October 8, 2013; and (b) may claim the owner if the deferred management expenses are long-term; and (c) sent the above notice to the sectional owner who delegated the above hotel operation rights; and (b) the above content cannot be deemed to be false as it is based on objective facts and cannot be deemed to have had an intention to impair the victim’s credit; (c) the lower court erred by misapprehending the Defendant’s false fact or fraudulent means that there was an intentional intent to impair the victim’s credit; and (d) thereby, committed an unlawful act
In addition, the defendant, as the managing body of the hotel, notifies the sectional owners of the fact that the victim entrusted with the operation and use of the management expenses fails to pay the management expenses, and thus, notifies the sectional owners of the risk that may occur in the future. Although the illegality is excluded, the court below erred by misapprehending the legal principles on the legitimate act, thereby affecting the conclusion of the judgment.
2. The facts charged and the judgment of the court below
A. The summary of the facts charged is that the Defendant served as the head of the finance management team of the F&C Co., Ltd. (hereinafter “F”) which is an entrusted manager of the E hotel.
E hotel sales a guest room 416 households and neighborhood living facilities (51 rooms and one room for accommodation support facilities) to an individual, each guest room and neighborhood living facilities belong to sectional owners. From around 2009 to June 30, 2012, F was entrusted with the operation rights from the entire sectional owners, and the victim Yok corporation was delegated with the operation rights from some sectional owners.