업무상횡령
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the facts charged of the instant case was on March 25, 2009, the Defendant was appointed as the manager of the Ethyer of the building Ethyer in Jung-gu Seoul Special Metropolitan City (hereinafter “Fyer”) and was working as the manager of the Fyer from October 26, 2010. Upon the appointment of Fyer as the manager, the Defendant established G Co., Ltd. (hereinafter “instant company”) to manage Fyer’s (hereinafter “instant company”) on April 14, 2009 and taken office as the representative director around June 15, 2009, and collected management expenses from the merchants who were in charge of Fyer’s management from H from July 2009 to the management of Fyer’s representative director as the manager’s deposit account in the name of Fyer’s name (hereinafter “the instant company’s deposit account”). Meanwhile, the Defendant’s deposit account in the name of Fyer’s name and manager’s deposit account in the name of the instant company.
Around January 28, 2010, the Defendant, as a manager, filed a lawsuit seeking return of unjust enrichment (Seoul Central District Court 2010Gahap9103, hereinafter “instant lawsuit”) against the Defendant, a manager, and F, the said Company H, etc., at the Seoul Central District Court (Seoul Central District Court 2010Gahap9103, hereinafter “instant lawsuit”). While not paying attorney-at-law’s fees for the instant company from the money deposited in the instant Defendant’s account, around February 24, 2010, the Defendant transferred KRW 5,000,000, in total, from the instant Defendant’s account under the name of the Defendant and the instant company as attorney-at-law’s fees, to K’s deposit account.
Accordingly, the defendant is the defendant of this case, such as deposit for common use, rent, parking fee, etc., for the merchants who moved in the Fran shop.