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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) in the special meeting of the management body to elect a manager, the Defendant, as the chairman of the management body of the Management Body of the “C”, should elect a manager with the consent of the majority of sectional owners and voting rights in accordance with Article 38(1) of the Act on the Ownership and Management of Aggregate Buildings and Article 40(4) of the Management Body Regulations; (b) however, without notifying the sectional owners of the fact that, before the special meeting is held, if there is no one who has obtained the majority of all sectional owners in the first voting, the Defendant, without notifying the sectional owners of the fact that he will hold the second voting, shall hold the second voting, without giving notice that “If there is no one who has obtained the majority of the incumbent sectional owners in the first voting, the number of votes obtained by the second and second sectional owners shall be included in the number of votes obtained by the one who has obtained the first sectional owners
The defendant's act interferes with the duty to elect a manager in accordance with due process of the "C" management body by taking advantage of the mistake and site of all sectional owners, and the defendant had intention to interfere with the business.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the legal principles.
2. Determination
A. On August 27, 2011, the management body of “C” held an extraordinary general meeting for the election of the administrator and representative members.
The election commission of the management body of "C", on July 11, 201, is elected by the majority of sectional owners as the manager after the first voting regarding the selection method of the manager on the Internet car page of the management body on the Internet page of the management body, and where there is a majority of persons who have obtained the first voting, if there is no majority of persons who have obtained the second voting, and there is no one who has obtained the second voting.