From June 2013 to October 30, 2014, the Defendant served as a representative manager of the victim’s “Dtel management unit (hereinafter “Dtel management unit”) comprised of the owners of Dtels in Seongdong-gu Seoul, Seongdong-gu, Seoul, and controlled the management group’s performance of duties, and thus, the Defendant had a duty of care as a good manager to execute management expenses.

On August 21, 2014, the Defendant: (a) around February 4, 2013, at an open meeting of the above Dtel management office, performed as an emergency countermeasure member of the said Dtel; and (b) obstructed the duties of the head of the management office of the said Dtel on January 7, 2014, the Defendant decided to pay KRW 1,471,080,000,000, which is the sum of the criminal fines and criminal litigation expenses to be paid by the said E, F, and the said G, in lieu of management expenses, in violation of the above duties in relation to the fact that he/she was sentenced to a fine of KRW 300,00 as a result of interference with the duties in the Seoul East District Court.

As a result, the Defendant had the above E, F, and above G acquire property benefits equivalent to KRW 1,471,080, and caused damages equivalent to the same amount to the victim’s “Dtel management unit.”

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made to I by the police;

1. Protocols of partial police statements to E;

1. A written additional statement;

1. Application of Acts and subordinate statutes concerning the minutes of the 3th management committee meeting of the D Officetel No. 16th management committee, replacement slips, and fines receipt;

1. Article 356 of the Criminal Act applicable to the facts constituting an offense and Articles 355 (2) of the Criminal Act that choose a penalty;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the Defendant’s payment of the above KRW 1,471,080 to the victim to restore the damage in full, the Defendant has only been sentenced to a fine once, and the motive and circumstances of the instant case are considered as a whole.