Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

From November 1, 2015 to October 31, 2017, the Defendant is a person who is in charge of overall management of apartment buildings, such as paying expenses for the said apartment buildings and driving a representative meeting of occupants, while working as the chairperson of the representative meeting of occupants of the apartment building B in Chungcheongnam-gu, Nam-gu, Seoul.

According to the management rules of apartment houses above, it is stipulated that 300,000 won should be paid monthly at the expense of the chairperson's business promotion expenses.

Nevertheless, on February 2016, the Defendant, at the above apartment management office, in violation of the occupational duties to comply with the above management rules, received additional expenses of KRW 300,000 won per month from the head of the management office C, in addition to the amount prescribed by the management rules, and used expenses for the performance of duties of KRW 60,000 per month.

In addition, the Defendant used the cost of performing the duties of KRW 600,000 per month through the same method over 10 times from the date of time to November 2016, thereby obtaining additional pecuniary benefits of KRW 3 million in total, and suffered damages equivalent to the same amount for the victims of the apartment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of statutes governing the management of multi-family housing;

1. Relevant Article 356 of the Criminal Act and Articles 355 (2) and 355 (1) of the Criminal Act concerning the selection of criminal facts, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and the defense counsel have passed a resolution of the tenant representative meeting which increases the cost of performing the duties of the chairperson of the tenant representative meeting from KRW 300,000 to KRW 600,000 per month before the instant case, and accordingly, the defendant used the cost of performing duties so that the defendant did not have a criminal intent of occupational breach of trust. However, according to the relevant Acts and subordinate statutes and the management regulations, the operating expenses of the resident representative meeting shall be set by the management regulations, and the amendment of the management regulations shall be made to the whole resident.