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The judgment of the court below is reversed, and the case is remanded to the Gu Government District Court.
Reasons
The grounds of appeal are examined.
1. The judgment of the court below
A. The summary of the facts charged in the instant case is as follows: “The Defendant, while working as the president and the managing director of the E Apartment in South-si, was in violation of the duty to accumulate the total of KRW 433,714,017, which the said resident representative meeting received as the defective repair payment due to partial winning in the lawsuit for the claim for the defective repair payment filed against F et al., the said resident representative meeting, and to manage and disburse the amount of KRW 15 million for the repair of defects for its original purpose, and around June 4, 2008, remitted the amount of KRW 10,000,000 to the Defendant as old and auditor, and KRW 5,00,000,000 for the encouragement subsidy to B, thereby obtaining property benefits from the total amount of KRW 15,00,000,000 for the promotion subsidy to the victim E occupant representative meeting.
“The gist of the instant conjunctive facts charged is that “In collusion with B, while the said defective repair amount was transferred to the account in the name of the victim and was kept for the victim, the victim’s property was embezzled by remitting the sum of KRW 15 million.0 million.
“” is:
B. The lower court, in light of the circumstances that: (a) the members of the resident representative meeting may decide whether to incur expenditures within the limit of KRW 400,000 per month as operating expenses without any separate remuneration under the management rules; (b) the Defendant and B appear to be an excessive amount; and (c) the instant defective repair amount, unless reserve funds are accumulated, appears to have been accumulated as a long-term repair reserve fund or used for the same purpose in the following fiscal year; and (c) the management rules can be rewarded to a person who has contributed to a certain amount of money through a resolution of the resident representative meeting.
Even if the members of the tenant representative council are involved in collusion, it is inappropriate or excessive prize money is paid.