The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. misunderstanding of facts, misunderstanding of legal principles, 1) former Housing Act (amended by Act No. 16870, Jan. 23, 2020; hereinafter “former Housing Act”) is limited to “former Housing Act.”

Article 104 Subparag. 3 and Article 12(2) of the Housing Association Act provides that a promoter or an executive officer of a housing association shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won, if he/she fails to comply with a request for perusal or reproduction of documents, etc. relating to the implementation of a housing association project within 15 days. The relevant provision applies only to a housing association that has obtained authorization for establishment, and even if not, the relevant provision shall apply only after the committee applied for authorization for establishment. Accordingly, B promotion committee that has not yet filed an application for authorization for establishment (hereinafter “instant promotion committee”).

The above provision does not apply to the case of a promotion committee of this case. Considering that the Defendant, the chairman of the promotion committee of this case, falls under the promoters of the housing association, is against the principle of prohibition of analogical interpretation or the principle of clarity. Since the promotion committee of this case committed an act of establishing the association by holding a general meeting for the establishment of the association on April 6, 2019, the Defendant elected as the head of the promotion committee of this case from its general meeting cannot be deemed to fall under the promoters who intend to establish the housing association. Furthermore, the Defendant, the chairman of the promotion committee of this case, cannot be deemed to be the promoters of the housing association, the principal of the promotion committee of this case, who is the head of the promotion committee of this case, as provided in subparagraph 3 of Article 104 and Article 12(2) of the former Housing Act, was admitted as the members of the promotion committee of this case around January 18, 2019. According to Article 7(4) of the subscription agreement concluded between C and the promotion committee of this case (hereinafter “instant”).