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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, misunderstanding of legal principles and the Defendant all keep a construction contract related to a rearrangement project, there is no fact that the “matters concerning the monthly progress of construction works for a rearrangement project” was incinerated.
In addition, from 2003 to 200, the Defendant kept all the data by which the details of monthly payments and withdrawals including construction expenses and operating expenses of the association can be verified (such as a subdivision, payment of money, tax account statement, and transaction details of passbook). A written resolution on revenue and expenditure that the Defendant retired is merely a document of approval written in the process of fund execution, and does not constitute “detailed details on monthly payments of funds” that the Defendant bears the duty to keep pursuant to the Urban and Residential Environments Act (hereinafter “Act”).
In addition, the resolution of revenue and expenditure was only destroyed by negligence in the process of moving the partnership office, so the defendant did not have intention to commit the crime of this case.
B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court. As to this, the lower court: (a) the revenue and expenditure resolution, etc., retired by the Defendant, constitutes data on the “detailed details of monthly deposits and withdrawals” in which the Defendant is obligated to keep according to the urban law; (b) the window dressings, cash withdrawals, etc. cannot substitute the revenue and expenditure resolution; and (c) the Defendant had doluence on the act of retiring the revenue and expenditure resolution,
I explained that the defendant's assertion was rejected.
The circumstances in its reasoning, which are acknowledged by the evidence adopted by the court below, and ① the facts charged in this case, constitute a retirement of the “written resolution on revenues and expenditures,” and the “contract, receipt,” attached thereto, and the Defendant’s prosecution.