업무상횡령
The judgment of the court below is reversed.
The Defendants are not guilty. The summary of the judgment against the Defendants is published.
1. The summary of the grounds for appeal that the defendants used part of the defect repair deposit (954,751,000 won) received from the Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”) from the G Apartment's Representative Meeting (hereinafter “the above apartment”) consisting of the defendants for other purposes.
Even if it is difficult to regard it as occupational embezzlement, and the Defendants did not have intention to acquire it intentionally or unlawfully.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Defendant A, from January 4, 2013, was in charge of a temporary representative of the council of representatives of the representatives of the representatives of the occupants of G apartment in Daegu-gu, Incheon-gu, and Defendant B, Defendant B, Defendant C, Defendant C, and Defendant D, respectively, have been in charge of decision-making and execution on overall management including apartment management funds.
The representative meeting of the occupants comprised of the Defendants selected a new World Construction Co., Ltd. as a defective repair business entity, and decided in KRW 954,751,00 of the above apartment in KRW 1,20,30 by requiring a new World Construction Co., Ltd. to agree on the housing guarantee insurance for him/her, the representative meeting received the above amount from the housing guarantee insurance for December 7, 2012, and entered into a contract with the new World Construction Co., Ltd. for the repair of defects on December 11, 2012, paid KRW 286,425,300, which is 30% of the total repair cost in advance, to the new World Construction Co., Ltd., and paid KRW 381,90,400,400, which is 40% of the total repair cost in advance, and paid KRW 286,425,300,00 within seven days after completion.
On December 7, 2012, the Defendants received 954,751,000 won of the cost of repairing defects in the year 1,2,3 apartment units from the Korea Housing Guarantee Insurance Co., Ltd. for the representative meeting of the victims G apartment units.