1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

1. Basic facts

A. From June 2015 to December 2016, the Defendant resided in Seo-gu, Seo-gu, Incheon (hereinafter “instant lending”), Seo-gu, Incheon (hereinafter “instant lending”), and carried out the management and repair of defects.

B. The Defendant received management expenses, repair of defects, etc. from the occupants of the loan of this case using the Nong Bank account (Account Number Y, hereinafter “the Account”).

C. During the above period, the Defendant withdrawn some of the management expenses and defect repair funds deposited into the instant account and used them for personal purposes, and again deposited money into the said account.

From June 2015 to December 30, 2016, the Defendant, as the representative of Seo-gu, Incheon, Seo-gu lending from around June 2015 to around December 30, 2016, kept all kinds of income, such as management expenses paid by 33 victims P, etc. while living in the above lending P, and repair of the defects of the above lending, and engaged in the receipt and disbursement of

From June 18, 2015 to December 30, 2016, the Defendant: (a) deposited KRW 63,966,405 in the Nong Bank account in the name of the Defendant’s ASEAN, and deposited KRW 31,166,40,00 in cash and used KRW 51,00 for personal use from June 28, 2015 to December 30, 2016; and (b) spent KRW 31,253,084 in total over 183 times until December 30, 2016 for personal use.

Accordingly, the Defendant embezzled the victims' property. D.

On October 2, 2018, the Defendant was sentenced to a suspended sentence of two years in August 2, 2018 (the appeal is dismissed) by the court (Yancheon District Court's Young Branch 2018Kadan204), and is currently pending in the final appeal.

(Supreme Court Decision 2019Do12972). [Grounds for recognition] / [Grounds for recognition]: (a) entry of Gap 1 and 2 evidence (including branch numbers; hereinafter the same shall apply); substantial facts in this court; and the purport of the whole pleadings

2. The parties' arguments.