beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error of mistake 1) The Defendant’s “C shopping mall” (hereinafter “instant shopping mall”)
A) The Defendant worked as the Director of the Management Office. The Defendant is merely a person who deals with the business of the instant shopping mall, and was not a person who deals with the business of the occupying merchants who are merely the members of the instant shopping mall, and did not violate the duties of the occupying merchants. 2) Even if the management fee was erroneously imposed and collected on the occupying merchants, the above management fee was appropriated for the management fee to be borne by the instant shopping mall association, and the instant shopping mall association filed a lawsuit against D, etc. for the claim for the management fee, and thus, the instant shopping mall association did not suffer any loss.
3) The Defendant: (a) imposed and collected management fees on other occupant-merchants in order to prevent the occurrence of a short circuit or a short part in the entire commercial building of this case by failing to pay the management fees; and (b) there was no criminal intent to commit a crime of breach of trust.
2. Determination
A. 1) According to the evidence duly admitted and examined by the lower court, the following facts are acknowledged. A) C shopping mall (hereinafter “instant shopping mall”) is an aggregate building of the fourth basement floor and the fifth floor size above the ground located in Ilyang-gu, Seoyang-gu, U.S. K.
B) The instant shopping mall is a tenant (including a tenant) and a sectional owner who was located in the instant shopping mall, and the instant shopping mall is practically a management body of the instant shopping mall. (C) The instant shopping mall entrusted the instant shopping mall’s building management business to the Gwangju Industrial Co., Ltd. (hereinafter “mining industry”) from September 2003 to November 201, and the luminous industry dispatch the Defendant to the management office of the instant shopping mall.