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The sentence of sentence against the defendant shall be suspended.
Reasons
Criminal facts
【Dispute, etc. between the B Market Merchants’ Association and the prosperity’ Association】 The Defendant is the president of the B Market Merchants’ Association located in Seo-gu, Busan; the said merchants’ association is registered on April 15, 201 pursuant to the Special Act for the Development of Traditional Markets and Shopping Districts; and the same year.
5.6. After completing the registration of establishment, the above market prosperity association, the victim D’s president, is an incorporated association established on October 28, 1969 by the owners of the stores of the above market buildings, and completed the registration of the preservation of ownership of the market buildings of this case in its name.
On August 14, 1979, the above organization completed the establishment registration of a large-scale store under the Distribution Industry Development Act with the permission from the head of the Seo-gu Office of Busan Metropolitan City to establish a market under the former Market Act, and collected management expenses from merchants who actually engage in business at each shop without receiving management expenses from the owners of each shop of the market building of this case, with the authority to manage the market building of this case delegated by him to collect management expenses from the merchants who actually engage in business while managing the market building of this case.
Around November 2010, some of the merchants who actually engage in the business by leasing a store in the instant market and actually engage in the business is stipulated as the owner of the store, and their intent is not fully reflected in the market operation. Therefore, it is demanded to revise the articles of association so that the merchants, not the shop owners, can become the members of the said prosperity. However, the above prosperity refused this request, and the above merchants, including the Defendant, organized the said merchants' association separate from the above prosperity Association, completed the registration, and collected expenses necessary for the operation of the merchants' association and the performance of the business in accordance with the traditional market law, on the ground that the right to collect the management fees, etc. for the members of the merchants' association can be collected from the merchants' association.
pointing out that it will suspend the collection of management fees to the members of the merchants' association.