부당이득반환
1.The judgment of the first instance, including a claim modified in the trial, shall be modified as follows:
The defendant.
1. Grounds for claim;
A. The Defendant, as the head of the autonomous apartment complex and the head of the apartment management office, received management expenses in cash from the occupant of the apartment complex from 2010 to 2015, and embezzled them. The amount of embezzlement is calculated by 62,876,087 won (=586,053,340 won - 586,053,340 won - 523,17,450 won - 523,450 won), which is the difference between the total amount (52,07,076,087 won) imposed on each household in the notice, and the amount of embezzlement is calculated by 62,876,087 won (52,17,253 won).
However, since the defendant was convicted of embezzlement of KRW 9,113,430 among them and returned it, the amount that the defendant should compensate for by embezzlement is eventually KRW 48,961,207 (= KRW 58,074,637 – KRW 9,113,430).
B. From 2006 to 2015 (excluding the year 201, 2012, and 2013) the Defendant deposited from the purification tank management account for collection expenses, and paid only 2.4 million won among them, and embezzled the remainder of 8,680,000 won.
C. Therefore, the Defendant is obligated to return to the Plaintiff KRW 57,641,207 (= KRW 48,961,207) as damages for tort or nonperformance of obligation (= KRW 8,680,000).
2. Facts of recognition;
A. From around 2003 to February 2015, the Defendant was engaged in the duties such as receiving and disbursing apartment management expenses, etc. as the head of the autonomous apartment complex management office and the head of the apartment management office in Gyeyang-gu Incheon Metropolitan City.
B. On May 11, 2015, the Plaintiff’s representative C et al. and six others filed a complaint against the Defendant, the Accounting Personnel D and E on the charge of embezzlement of KRW 62,876,087 of the management expenses paid in cash from 2010 to 2015, and embezzled KRW 3,000,000 in relation to the purification tank collection expenses from 2012 to 2014.
The defendant was prosecuted by the Incheon District Court 2015 Godan7818 and on February 11, 2016 from the above court on January 2010.