Nevertheless, the Defendant, at the temporary council of occupants' representatives held on June 25, 2009, concluded a contract with E-F and concluded a contract for construction work in violation of the above duties without following lawful procedures such as the council of occupants' representatives, even though E-Co., Ltd. has been selected as the condition that the remaining KRW 858,00,000 of the construction cost, the remainder of KRW 85,800,000 of the construction amount, and KRW 72,200,000 of the construction amount, and the remainder of KRW 70,000,000, within 300,000 of the construction amount, and KRW 85,80,000 of the contract amount, 85,80,000 of the contract amount, and KRW 171,60,000 of the intermediate payment, 200,000 of the construction amount, within 30,000,000 of the construction amount, within 20,3000,000.

As a result, the Defendant acquired property benefits equivalent to 37,571,652 won equivalent to the interest of the first contract price to E Co., Ltd., and suffered property damage equivalent to the same amount from the victims.

2. Determination

1. The defendant and his defense counsel asserts that there is no criminal defendant's act of breach of trust, and there is no criminal intent of unlawful acquisition or breach of trust.

2. Comprehensively taking account of the evidence submitted by the prosecutor, the defendant is the chairperson of the council of occupants' representatives of the D apartment located in the victim's occupant for the same period as stated in the facts charged.