업무상배임
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) only provides that the management rules of the apartment of this case shall not exceed KRW 300,000 per month in relation to the operating expenses of each meeting of occupants' representatives shall not exceed KRW 300,000 per month. There is no specific usage method.
Therefore, at the time, the defendant, who was the chairperson of the representative meeting of apartment occupants of this case, used it as singing costs and the gift expenses for the purpose of boosting the morale of the representative's morale.
Even if an illegal act does not constitute a breach of trust under the premise of the intention to acquire it, it cannot be viewed as an illegal act.
Nevertheless, the court below convicted the defendant. The court below erred by misapprehending the facts or by misapprehending the legal principles on the establishment of a crime of occupational breach of trust under the Criminal Act, which affected the conclusion of the judgment
2. Determination
A. The Defendant asserted the same purport as the above grounds for appeal at the lower court, and the lower court rejected the Defendant’s defense of the defense that, at the time, the Defendant, as stated in the facts constituting the crime of the lower judgment, spent musical expenses and futures expenses to the representative, as operating expenses of the representative meeting of the occupants of the apartment of this case, constitutes a breach of trust in breach of the duties of the chairman of the occupants’ representative meeting, and that the Defendant’s defense against the Defendant was sufficiently recognized as having the intent to obtain the intent to obtain the said intent
1) Article 32 of the Management Rules of the instant apartment building established pursuant to the former Housing Act and subordinate statutes (amended by December 10, 2013) provides that operating expenses of each meeting of occupants representative (within the scope of KRW 300,000 per month), allowances for attendance at the meeting, expenses for the promotion of duties of the president and the auditor, expenses for the promotion of community life (within the limit of KRW 12 million per year), expenses for purchase of surety insurance, etc. (the cost for the promotion of duties of the president), expenses for providing information necessary for the management of multi-family housing (Paragraph 1), and operating expenses shall be limited to the expenses for the representatives of occupants.