The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. First, C requested perusal and reproduction of the list of eligible persons for compensation in order to use the right to recommend the appraiser when appraising for land expropriation. The time when the above eligible person for compensation is determined is “the time of public announcement of the compensation plan.”

However, since the date of public announcement of perusal of the compensation plan issued by the instant association on February 15, 2017, it is impossible to disclose “the list of compensation recipients” in January 16, 2017 when C requested to peruse and copy the compensation plan, this part of the facts charged does not meet the constituent requirements.

Second, even if not, at the time C’s request for perusal and duplication was made, there was a possibility that “the list of persons eligible for compensation” may be changed, and the details of appraisal were also subject to revision due to the period of filing an objection. As such, in order to avoid unnecessary misunderstanding and confusion, the Defendant sufficiently explained the reason why C may delay perusal and duplication, and then, the Defendant responded to perusal and duplication within 15 days after the lapse of the period of filing an objection to “the list of persons eligible for compensation” or “the details of appraisal.”

Therefore, the defendant's act constitutes a legitimate act under Article 20 of the Criminal Code.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. 1) Determination of the assertion that there is no constituting the element of factual mistake is based on the evidence duly adopted and examined by the court below. i.e., the following circumstances revealed by the court below: ① C requested perusal and reproduction of the list of eligible persons subject to compensation under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor; which was incorporated into the B district redevelopment development and improvement project, but is classified as the application for parcelling-out within the period of application for parcelling-out or as a person subject to cash liquidation due to the ownership of a certain area below a certain area.