1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is composed of occupants residing in A apartment located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant apartment”), and the Defendant, from March 2007 to November 3, 2016, was engaged in the revenue and expenditure management of the instant apartment as the head of the management office of the instant apartment from March 2007 to November 3, 2016.

B. On November 22, 2017, the Defendant was convicted of committing the following crimes, and the above judgment became final and conclusive on November 30, 2017.

(Seoul Western District Court 2017Kadan1965). On March 26, 2010, the Defendant received KRW 5,200,000 from E to the account of community credit cooperatives in the name of the Plaintiff in the name of the place of installation of heavy meters in the instant apartment from E, and embezzled KRW 1,200,000 among them for the Plaintiff, from May 3, 2010 to June 30, 2016, from the time of voluntary use of KRW 1,00,000 as the subsidies for the Women’s Association of the instant apartment, the Defendant embezzled KRW 47,40,000 in the form of special repair reserve as shown in the annexed crime list until June 30, 2016.

C. According to the management rules of the apartment of this case (amended on December 12, 1997), the user fee of the facility designated by the council of occupants' representatives other than the management expenses shall be appropriated for the expenses required for the management of the facility in question, and the balance and other income generated from the management of the apartment of this case

(Article 37 main text). The user fee imposed on an excessive vehicle of an occupant shall be limited to the expenses actually incurred in the operation and management of the parking lot and the balance of the execution shall be accumulated as the special repair reserve (Article 43, paragraph 3), the above bylaws shall be specified as the establishment of the long-term repair reserve (Article 44), the accumulation, etc. of the special repair reserve (Article 45), and the use of the special repair reserve (Article 46)

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 5, Eul evidence 1, Eul evidence 1, and the purport of the whole pleadings.