Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

From March 1, 2013 to October 30, 2013, the Defendant has been engaged in the duties concerning apartment management in the course of performing the duties of the president of the management body of the Busan Young-gu apartment C, Busan.

As the chairperson of the management body representative council, the defendant has a duty to manage the tenant's common property as a good manager and to work for the interests of the occupants.

On the other hand, on March 23, 2013, the general meeting of occupants of the above apartment complex appointed DD to the management office and decided to assist the defendant in his/her work as soon as possible.

Nevertheless, on March 28, 2013, the defendant violated his duties, and transferred KRW 1,50,000 to the above D through the Busan bank account in the name of the defendant who used the above D for the management of the common property of the Council of the Council of the Representatives of Apartment Management on May 9, 2013.

As a result, the defendant obtained property benefits equivalent to 3,000,000 won from D and suffered damages equivalent to the same amount at the victim C Apartment Management Council.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The police statement concerning G;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the details of entry into and departure from Busan Bank, copies of passbook and C Apartment Articles of Incorporation;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts (generality and choice of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act recognize that the defendant paid three million won to D as salary or premium, but at the time, D itself only agreed to perform the duties of the chief of the management office on his own, and there is no fact that the defendant promised to do so or passed a resolution of the management body representative meeting with such contents.