beta
Text
The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal was legally handed over by the victim, and the defendant deducted part of the collection of office and replaced the corrective device.
2. The summary of the facts charged is that the Defendant: (a) was a manager of the office of a general meeting of sectional owners (hereinafter “instant office”); (b) around August 2012, the victim F; and (c) around August 11, 2012, the Defendant leased the instant office under the condition that the Defendant would receive KRW 1 million each month from August 11, 2012 on a six-month rental period.
Around February 18, 2014, the Defendant: (a) told G with the key to the instant office, which had the key to check whether or not there is a correction device of the entire office; (b) received the key to the instant office from G to check the key; and (c) carried the key to the instant office from G on February 21, 2014, after deducting the key, such as the consignee and chair used by the victim, from the key to the instant office; and (d) invaded the instant office, which was a structure, by replacing the entrance and exit to replace the entrance and exit.
3. Determination
A. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the lower court.
(1) On August 11, 2012, the aggrieved party leased the instant office from the sectional owner’s general meeting on a six-month basis on the condition that he/she would pay monthly rent without a lease deposit, and thereafter the lease contract was renewed twice on the same condition and extended on February 10, 2014. The renewal contract signed on August 8, 2013 provides that “The Ethy General Assembly shall immediately use the instant office from February 11, 2014, which is the day following the expiration of the lease term, by the end of February, 2014, and by the end of February.”
(2) E, the president, the president, and the vice president of the sectional owner’s general meeting, shall re-contract the instant office with G who, on February 2014, entrusted the instant office management to a police officer with the instant office management by the victim.