A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From April 1, 2013 to November 20, 2015, the Defendant, as the representative director of the D Co., Ltd. managing the House C building at the time of the Government, was in general in charge of the management of the C building.

Defendant,

1. On April 30, 2013, 4,700,000 won and 8,230,000 won which were under custody in the course of business by receiving electricity rates from users of victim C buildings at an indivous place, and embezzled them by arbitrarily transferring them to the account managed by the Defendant;

2. On May 30, 2013, by arbitrarily transferring KRW 2,045,170, which was under custody in the course of business at the cost of water supply from users of victim C buildings at an insular location, to the account managed by the Defendant, and embezzled by using them;

3. On May 31, 2013, by arbitrarily transferring 8,000,000 won, which was under custody in the course of business, from users of victim C buildings at an influent place, at the electric charges, to the account managed by the Defendant, and embezzled by using them;

4. On June 4, 2013, the Defendant arbitrarily transferred KRW 5,000,000, which was under custody in the course of business, from users of the victim C building at an influent place, to the account managed by the Defendant and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. A full certificate of registered matters, and a contract for the management of the entrustment of buildings;

1. A written notice of management expenses, a comprehensive statement of imposition on August 2015, a comprehensive statement of imposition on management expenses on C, a comprehensive statement of imposition on management expenses on September 2015, a comprehensive statement of customer information, and a monthly statement of water supply and sewerage fees;

1. A notice of scheduled plans for the suspension of electricity supply, and of charges for waterworks and sewerage systems;

1. Answers such as joint and several guarantee certificates and account transaction details;

1. Application of Acts and subordinate statutes to investigation reports (Analysis of details of transactions on management non-deposit accounts and payment of electricity and water bills);

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The suspended sentence of Article 62(1) of the Criminal Act is a crime of embezzlement and breach of trust for the reason of sentencing.