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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B. Defendant A’s appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As the general meeting of the residents of the apartment of this case and the council of occupants' representatives made a lawful resolution to pay the defendants' personal criminal case fine with the management expenses of the apartment of this case, the defendants' fine was paid by mistake of facts and misapprehension of the legal principles, and the defendants
Therefore, the Defendants cannot be deemed to have embezzled the management expenses of the apartment in this case.
B. The sentence imposed by the lower court on the Defendants (i.e., a fine of one million won, ② Defendant B: a fine of five hundred thousand won) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
(1) On April 30, 2012 and April 4, 2013, the Defendants were sentenced to a fine (Defendant A: fine of KRW 1.5 million; fine of KRW 500,000; fine of KRW 500,000; hereinafter “instant criminal judgment”) by the Gwangju District Court on December 11, 2014, on the grounds that F did not disclose the contents of the agreement that was concluded with the City Mayor and the Gu Council on the repair of defects in the apartment at the time when he/she works as the president of the council of occupants’ representatives, and that the said apartment management office was compulsorily opened and searched.
(2) On the other hand, the general meeting of residents of the instant apartment around June 2014 and the council of occupants’ representatives of the instant apartment, which had been around February 2015, the Defendants decided to pay the fine sentenced in the instant criminal judgment on the management expenses of the instant apartment. At the time, Defendant A participated in the said resolution as the chairperson of the council of occupants’ representatives of the instant apartment.
(Evidence) (Evidence No. 56, 64, 66, 68, 69, 182 pages) Defendant A (3) decided on February 2015 that the council of occupants' representatives of the apartment of this case should pay a fine imposed upon Defendant A in the criminal judgment of this case as the management fee of the apartment of this case.