The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant was legally elected as a custodian under Article 24(3) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) and the Management Rules, and thus, the Defendant was not aware of the qualification as a custodian.

Even if he is not so, the defendant is believed to be legally elected as a custodian and exercises his authority as a custodian, so there is no intention to commit the crime.

B. The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant was not qualified as a custodian of the E Management Group at the time of committing the instant crime, and is qualified as a custodian.

There is a good reason to believe or believe such that there is a good reason.

shall not be deemed to exist.

Therefore, the defendant's assertion of factual mistake is rejected.

(1) Article 24 (3) of the Act on Condominium Buildings shall apply to cases where a manager is appointed or dismissed by a resolution at a management meeting: Provided, That where a resolution at the management committee under Article 26-2 is stipulated by the regulations, he/she shall be appointed or dismissed accordingly.

However, the first temporary assembly on October 30, 2014 and the second temporary assembly on November 28, 2014, which was held as the agenda for the election of the administrator, were all rejected as a quorum shortage, and the defendant was not appointed as the administrator at the management unit assembly.

(2) Pursuant to the proviso to Article 24 (3) of the Act and Article 41 (5) of the Regulations on the Standard Management of Condominium Buildings in Seoul Special Metropolitan City, the defendant becomes a manager by a resolution of the Management Committee.

The argument is asserted.

However, Article 29 (1) of the Act provides that the establishment, amendment, and repeal of the regulations shall be subject to the consent of not less than 3/4 of the sectional owners and not less than 3/4 of voting rights at the management assembly.