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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. The Defendant: (a) was informed on February 5, 2013 that F and G, the president of the C apartment council prior to the council of occupants’ representatives, who was the general secretary, divided the talk about the “H company”, which is the apartment management company, from the North North Korea, on the following grounds: (b) was given permission from G in order to confirm the fact, and only recovered a monetary recording file with the consent of G, and there was no intention to impair the reputation of the victim F
The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined in the lower court’s determination on the assertion of mistake of facts, the Defendant: (a) made a recording of the conversations with the Defendant, on February 5, 2013, on the phone that “G president and the former president of F had talked in connection with the “H company” from his name-free person; (b) C apartment was selected as a primary controlled entity in order to improve the illegality of the “L company”, which is an existing controlled entity; (c) held a special meeting for changing the management entity at around 21:00 on the same day after verifying the relations between the “L company” and the “H company; (c) the Defendant explained that it is inappropriate for the H company to be a controlled entity; and (d) resolved that the representative and resident of the said special meeting would designate the next controlled entity as the “M company”; and (d) the Defendant, after resolution by the said representative and resident of the Defendant, made a defective statement with respect to why he/she was responsible for the management of the apartment complex and approximately 20 GF.
As above, the representative of apartment occupants, such as the defendant, etc., is deemed inappropriate to be a "H company" as a controlled entity.