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The defendant shall be innocent.
Reasons
1. The Defendant, who is at the position of the president of the resident representatives’ meeting for entering C apartment upon leisure, is engaged in overall management and supervision of the above apartment management affairs.
On August 14, 2014, the Defendant was in common with the Defendant’s wife D in the apartment management office, and 3.3 million won was paid at the attorney’s expense when he/she was tried at the Seocheon Branch of the Gwangju District Court. On August 21, 2015, the Defendant withdrawn 3.3 million won out of the management expenses that he/she had kept in his/her name in his/her business for the said apartment residents, and was paid as compensation for the expenses for the appointment of the said attorney-at-law.
Accordingly, the defendant embezzleds property owned by the victims in the course of business.
2. Determination
A. As a matter of principle, an attorney fee, which can be paid at the expense of an organization, is limited to cases where the organization itself becomes a party to a lawsuit, the attorney fee for a civil and criminal case in which a representative of an organization becomes a party to a lawsuit cannot be paid at the expense of an organization. An exceptional case where a dispute arises in connection with a lawsuit or other legal procedure, or acts performed by an individual who is in the position of a representative for legal reasons, or acts performed lawfully for the sake of a representative, although there is an exceptional interest in a dispute over the dispute, the attorney fee may be paid at the expense of an organization only when there is a special need to file a lawsuit or respond to a complaint for the interest of an organization in light of the circumstances at the time when the legal dispute in question is closely related to the organization and at the same time (Supreme Court Decision 2004Do6280 Decided October 26,
B. The following facts are acknowledged according to the records of recognition.
1) The Defendant, as the president of the representative meeting of apartment occupants, is an apartment building on August 14, 2014.