2. Where the defendant does not pay the above fine, it shall be 100.

The Defendant, from March 2017 to September 2017, was engaged in the relevant litigation as the chairperson of the emergency countermeasures committee to resolve the fire-fighting construction problem of B and C apartment, and continued to engage in the said litigation affairs even after the completion of the emergency measures committee around September 2017.

On March 12, 2018, the Defendant received one cashier’s checks, which were resolved by the council of occupants’ representatives, from D, the president of the said council of occupants’ representatives, to file a counterclaim against the claim for compensation for delay, etc. for the construction work in progress due to the fire-fighting construction work problems between the council of occupants’ representatives and E between the said council of occupants’ representatives and the stock company.

While the Defendant kept the aforementioned cashier’s checks on behalf of the said council of occupants, the victim, as the litigation cost for the institution of the above counterclaim, on March 13, 2018, the Defendant embezzled the said cashier’s checks by arbitrarily using KRW 2,770,00, out of the above money in the name of delivery charges for other civil litigation and provisional seizure expenses, at the H branch of G Bank in Seo-gu Daejeon, Seo-gu, Daejeon, for the purpose of other civil litigation revenue stamps and provisional seizure expenses. Furthermore, on the ground that from August 6, 2018 to March 20, 2019, the Defendant was demanded to return the checks seven times in total on the grounds that he/she did not file a counterclaim from the said council of occupants’ representatives from August 6, 2018 to March 20, 2019. However, on December 28, 2018, the Defendant embezzled only KRW 2,623,500, and did not refund KRW 5,942,940.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement prepared by the defendant, each content certification, and the statement of accounts;

1. Examination protocol of police suspect regarding D;

1. Each police statement made to I and J;

1. A criminal investigation report (J of the representatives of occupants);

1. Investigation report (to hear the opposite telephone statement from the head of the management office of the apartment building);

1. Confirmation of the fact that a request has been made with respect to the return of counter-action costs not less than seven times in the investigation report management office;