Defendant

A shall be punished by imprisonment with prison labor for one year.

Provided, That the above punishment shall be imposed against Defendant A for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2013 Highest 8475] Defendant A was the president of the autonomous management body of victims Htel located in Jung-gu Incheon Metropolitan City (hereinafter “instant officetel”) from May 1, 2005 to December 8, 201, and the owner of the instant officetel used the management expenses paid by the owner of the instant officetel for the benefit of all sectional owners, and had a duty to ensure appropriateness in the conclusion of the service contract and the payment of the price.

Nevertheless, when Defendant A entered into a management contract for the instant officetel with the victim, Defendant A, a corporation, the principal of which is operating as the actual representative (hereinafter “I”), had the victim enter into a contract for the management of the instant officetel, the said Defendant had the intent to receive the service payment, including the cost of the management director, such as wages and various insurance premiums, by pretending that he/she works as the manager of the instant officetel B, who is the former wife, as the manager of the instant officetel.

Accordingly, on April 20, 2005, Defendant A entered into a management contract with I on behalf of the victim and entered into a contract with I on April 20, 2005 with the content that the victim would pay the service amount increased by the amount equivalent to 2,729,065 won, although Defendant A did not intend to have the head of the management office and work in the instant officetel.

Thus, the defendant A, around January 2008, had K in charge of the above management office take out the above service costs set higher by including the personnel expenses of the managing office among the management expenses collected from the occupants of the instant officetels as above and paid to the above I.

As a result, Defendant A obtained property benefits of KRW 123,525,479 in sum from January 2008 to September 201, 201 by the aforementioned method as indicated in the list of crimes in attached Table I, and the victim suffered property damage equivalent to the same amount.

Summary of Evidence

1. Part of the defendant A.