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The defendant shall be innocent.
Reasons
1. In the facts charged, the Defendant is an apartment B at Kimpo-si (hereinafter “instant apartment”).
As the chairperson of the representative council of occupants, the management of the above apartment, and C (the suspension of indictment on the same day) works as the director of the management office of the above apartment, and was in charge of the conclusion of the construction contract and the execution of funds related to the above apartment.
D is a construction enterprise operated in Incheon Bupyeong-gu G in the name of EF.
Around May 21, 2015, the Defendant and C entered into a contract (hereinafter referred to as “the first contract”) with H, under the name of the representative meeting of occupants of the instant apartment, setting the period of construction as KRW 63,80,000,000 from May 26, 2015 to June 25, 2015; and F, from around March 2, 2015, was designated as a field agent of the said construction and continued to work together with E as an on-site agent of the said construction site.
As the chairperson of the representative council of occupants of the apartment of this case, the defendant has a duty to perform his/her duty of care as a good manager to prevent the occupants of apartment houses who are members of the representative council of occupants from incurring property damage in the maintenance and repair of apartment facilities and the operation and management of funds.
Nevertheless, according to the construction contract already concluded, the Defendant repair from the aspect of public underground parking lots, maintenance of maintenance from the entrance of underground parking lots, and drainage of waterproof construction work from May 12, 2015 to May 12, 2015.
6. 1. Around June 3, 201, in duplicate contracts with the foregoing D (hereinafter “the instant secondary contracts”) were given, and C instructed C to pay the price, and C paid KRW 2,860,000 in total with a passbook in the name of passbook managed by E around June 3, 2015.
Accordingly, the defendant, in collusion with C, has acquired property benefits in the amount of 2.86 million won.