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The defendant's appeal is dismissed.
Reasons
1. The abstract of grounds for appeal;
A. The Defendant’s mistake of facts and misapprehension of the legal doctrine indicated facts for the public interest and constitutes grounds for excluding illegality under Article 310 of the Criminal Act.
B. The punishment of the lower court is heavy.
2. Determination
A. The following facts are acknowledged in full view of the evidence examined by the lower court in fact-finding, misunderstanding of the legal doctrine 1).
(1) The Defendant is Gwanak-gu apartment C (hereinafter referred to as “instant apartment”).
222 Do-dong 1402 Do-dong 1402 dong-dong 222 dong-dong dong, and the victim was appointed as the president of the Council for Representatives of Apartment Residents around January 1, 2014.
② Around July 11, 2014, the Defendant (hereinafter “the instant incentive”) with the title, “Report on Activities to Dominate Management of Residents’ Property” (hereinafter “the instant incentive”).
B distributed to 2,810 apartment units of this case, and attached to 81 elevator units.
③ Paragraph 3 of the instant printed article contains the following descriptions.
3. A loss of approximately KRW 5,700,00 for a long-term repair reserve (Article 27(1) and (2) of the Management Regulations) was incurred by the State bank, the interest rate of which is high, and which is less than a bank with less deposit interest, and which is not a State Trading Bank, but a State Trading Bank, or by inducing funds to a lower rate of foreign exchange bank, thereby causing a loss of KRW 2.8 million per annum;
(25 February 25, 2014). A bank is a principal transaction at the time of the settlement of a surplus and with a high interest rate and with a low deposit, which is not a principal transaction bank and has caused losses of approximately KRW 2.9 million per year by inducing funds to a low interest rate foreign exchange bank.
(No. 12, 2014).I think how the foreign exchange bank will continue to deposit at a low rate of deposit, not at the Korean apartment market, but at a low rate of interest.
The representative of the Dong that points out the management expenses are erroneously managed shall be wrong.
2) The following circumstances acknowledged by the above facts of recognition and the evidence examined by the lower court: