업무상횡령
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is that “the Defendant is the president of the council of occupants’ representatives in Gwangjin-gu, Seoul from April 2012 to March 2014 and has been engaged in the management of the common property, etc. of the apartment residents. The Defendant, around November 30, 2012, when he/she kept the miscellaneous income of the said apartment in business for the said apartment residents, he/she arbitrarily used 500,000 won among them as agreed money in criminal cases of the Defendant.”
2. Determination
A. The summary of the Defendant’s and the defense counsel’s assertion was that the Defendant paid KRW 500,000 out of the miscellaneous income of C apartment (hereinafter “instant apartment”) around November 20, 2012, to D. However, it was paid as the litigation cost as the price for the withdrawal of civil litigation against D’s council of occupants’ representatives, not only as the price for the withdrawal of civil litigation against D’s council of occupants’ representatives, but also as
B. (1) According to each of the statements in the petition, written agreement, and written withdrawal of a complaint, etc., around November 30, 2012, the defendant and D agree to pay the amount agreed upon by the representative chairperson E to D and to withdraw all civil and penal cases, including all of the expenses incurred on both sides from May 2012 to November 2012, 200, including assault and defamation of all criminal complaints, and the case of the representative meeting (Revocation of the same representative committee). Further, D will not have any further institute a civil and penal case. Further, D prepared a written agreement with the Seoul East District Court on the same day, stating that "I agree not to record the return of the representative and the private work of the management office." D will not use the part of D's assault and 2012 High Court Decision 257 decided Feb. 4, 2012.