The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the legal principles, the injured party, who is the chairman of the Trade Union and Labor Relations Adjustment Committee, arbitrarily disposes of KRW 3 million to operate the partnership fee in an unaffortuous manner, the company’s additional value-added tax reduction amount was silent, and the Defendant committed an act detrimental to the interests of union members by entering into an organization agreement with disadvantageous terms to union members. The Defendant’s act was conducted for the interests of union members, and thus constitutes a justifiable act, the lower court erred by misapprehending the legal principles on

B. The lower court’s sentence against an unfair defendant in sentencing (2 million won) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. As to the assertion of misunderstanding of legal principles, Article 20 of the Criminal Act provides that an act that does not violate the social rules shall not be punished. The concept of social norms is the basis for determining the most fundamental illegality. According to such provision, even if an act appears to meet the requirements for establishing a crime under the law, its illegality may not be dismissed and punished only when it is deemed to be within the scope of historical social order created as one of the ordinary living forms, and a certain legal nature is not completely unlawful as a result of social development.

If it is possible to evaluate that the punishment is contrary to social justice as well as the recognition and punishment without value, or if it is possible to evaluate that it was conducted as a means of social reasonableness to realize it in light of the purpose value of free democracy society, it does not violate social norms.

In order to recognize such legitimate acts, the legitimacy of the motive or purpose of the act, the reasonableness of the second means or method of the act, and the third.