The Defendant agreed to recover repair costs and profits from the apartment of this case for five years after the Defendant accepted the apartment of this case in an amount equivalent to KRW 230 million between the company of this case and the company of this case, and the Defendant agreed to return the rental deposit received from the lessee, etc.

In addition, since the liability of the company of this case, the owner of the apartment in this case, if the security deposit received by the defendant is excessive, or there is a risk that the apartment in this case will be disposed of by auction, the security deposit of the apartment in this case was agreed not to exceed five million won per household.

Around January 6, 2005, pursuant to the above agreement, the Defendant entered into a lease agreement with the instant company providing the instant apartment as collateral to the instant company by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 1 million for five years from January 1, 2005 to December 31, 2009. However, the Defendant again leased the instant apartment and then concluded a lease agreement with a property equivalent to KRW 200 million, which should be returned later by the Defendant to return it later.

Therefore, when exercising the right to lease the apartment of this case, the defendant did not receive a rental deposit exceeding five million won per household, and there was a duty to protect and manage the property interest of the company of this case concerning the apartment of this case.

Nevertheless, the Defendant, in violation of his duties, received a deposit of KRW 961 million in total for 29 households among the apartment buildings of this case, and the Defendant first promised to the company of this case (=29 households x 5 million).