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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant spent the apartment management fee in the capacity of the tenant representative meeting while working as the representative of the tenant representative meeting in the Yongsan-gu apartment complex C, and was sentenced on June 2, 2016 to imprisonment with prison labor for six months for the crime of embezzlement in the course of business.

On March 27, 2017, at around 07:00, the Defendant damaged property by removing a tent equivalent to KRW 100,000 of the market price, which was set up by the victim D newly elected as the representative of the tenant representative meeting for the purpose of a temporary management office.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 [Defendant and defense counsel] provides that since the victim installed a tent in a parking space and removed a tent for residents, it does not violate social rules and regulations.

In order to recognize such legitimate acts, the following conditions should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (d) urgency; and (e) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2002Do5077, Dec. 26, 2002, etc.). Considering the evidence duly adopted and examined by this Court, the defendant has already expired the term of office as the representative of the Council for the Representatives of Apartment Residents; and (c) thereafter, the Council for the Representatives of Apartment Residents.