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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant, from August 2004 to March 2013, as the president of the Kim Jong-si Residents' Representative Council (hereinafter referred to as the "Damage Representative Council"), dealt with the final settlement of the execution of the above apartment management expenses.
On July 20, 2011, the Defendant was sentenced to a fine of eight million won in the Jeonju District Court for a crime of false accusation, and appealed therefrom. On July 25, 201, the Defendant agreed to appoint a lawyer with the private defense counsel of the above appellate court (the Jeonju District Court 201No1067) and pay three million won in advance.
However, since the damage representative case itself is not the case in which the party to the lawsuit but the defendant's individual who was the chairman is the party to the lawsuit, the above damage representative case shall not pay the attorney's fees from the apartment management fee managed by the damage representative council.
Nevertheless, the Defendant did not pay its retainers at his own money, and on the 29th day of the same month, held a deliberation as an agenda and held a meeting as if it was necessary to pay the attorney fees for the above appellate case from the management expenses.
8.5. Around May, 200, the apartment management office of the above apartment for embezzlement by voluntarily consuming it at the attorney’s expense while withdrawing 3.3 million won from the reserve fund item among the apartment management expenses and making approval by requiring the head of the management office to prepare a draft bill and then making approval.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A protocol concerning the interrogation of suspects of E;
1. A complaint;
1. The draft statement on the claim for the deposit of the fund;
1. Public announcement;
1. Detailed statement of expenditure;
1. Application of court rulings (201No appeal 131)-related Acts and subordinate statutes;
1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Criminal Procedure Act;