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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was the auditor of the council of occupants' representatives in Yangsan-si, and the victim D was the chairperson of the council of occupants' representatives in the above apartment from 2007 to 2011.
On March 9, 2012, the Defendant: “Around 2007, from 2007 to 5, it was proved by a newly organized enforcement body in 2012 that it was proved that it was collected by the residents with the burden of KRW 12,665,070 among the 320,000,000, which was processed by the account book without the passbook, from among the 3200,000,000 to 320,000,000,0000 won,” the actual contents of the notice sent by the Defendant to E were proved by the notice of management expenses, and thus, the book is 12,665,070 won among the 320,000,000,000 won, which was proved by the notice.”
However, there is no fact that the victim has collected the Internet electricity user fee of the above apartment from the occupant at the time of his/her employment as the chairperson of the council of occupants' representatives.
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.
2. According to the records and the trial of this case, such as the statement in the investigation agency of D, it is appropriate that D imposes and collect management fees including 12,665,070 won for Internet electricity usage fees for five years, which may not be imposed on the occupants, at the time when D is the chairperson of the above apartment unit (hereinafter referred to as the "member's representative") and it collects the above Internet electricity usage fees for the Internet supplier and the occupants, thereby collecting the above Internet electricity usage fees for 12,665,070 won in double to the Internet supplier and the occupants. However, it can be recognized that D has not embezzled one of the two collected Internet electricity usage fees, but has been deposited in the elevator repair fund account according to the custom that had been previously used for such purpose.