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All appeals by the Defendants are dismissed.
Reasons
1. With the consent of some occupants of apartment houses in order to increase the total amount of general affairs on the grounds of appeal from 1.3 million won to 1.5 million won per month, and to increase the operating expenses of the representative meeting from 400,000 won per month;
In addition, there was a consent from the general meeting of residents and the occupants of the apartment.
shall not be deemed to exist.
Therefore, the de facto notice of public prosecution of this case (hereinafter “instant notice”) is not false, but the Defendants did not have any awareness of the falsity, and did not have any intention to interfere with the business.
However, the court below found the defendant guilty of the facts charged in this case. The court below erred in the misapprehension of facts.
2. Determination
A. The Defendants also asserted the above purport in the lower court.
In full view of the circumstances acknowledged by the evidence adopted, the court below found the victim guilty of the facts charged in this case on the ground that the victim cannot be deemed to have used the apartment management fee without any awareness from the resident. Thus, the notice in this case is false, and the act of posting the false content and the act of posting it interfered with the business of receiving
B. Examining the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and it can also be recognized that the defendants intentionally posted the above notice to the injured party with the knowledge of the falsity of the notice in this case and to interfere with the duty of the injured party.
Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as alleged by the Defendants.
subsection (b) of this section.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.