A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above sentence shall be suspended for 2 years from the date this judgment became final and conclusive.

Punishment of the crime

From April 201 to October 31, 2012, the Defendant served as the managing director at the building C in Suwon-gu, Suwon-si, and has been in charge of the receipt of management expenses and deposits, water charges, electricity charges, telecommunications charges, broadcasting receiving fees, etc., and building management.

1. The Defendant embezzled KRW 34,415,297, total sum of KRW 163 times from April 25, 201 to October 26, 2012, when he/she transferred management expenses and deposit money for management expenses to the account (E) in the name of the Defendant from the occupants of the above C building to the bank account (E) in the name of the victims. Around June 3, 2011, he/she arbitrarily transferred KRW 1,200,50 to the Defendant’s wife F and arbitrarily used them for personal purposes, and embezzled them for personal purposes from April 25, 201 to October 26, 2012.

2. On April 2, 2012, the Defendant embezzled 4,500,000 won in total for six victims as indicated in the attached Table 2 from around that time to November 23, 2012, when transferred KRW 300,000 to the said bank account from H, the resident of the said 509 room, on behalf of the victim G, who is the owner of the said 509 room in the said building, and used it for personal purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the third protocol of the trial;

1. Each prosecutor's protocol of suspect examination of the accused (including D's statement);

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on transaction of management expenses passbook;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is limited to the defendant's occupational use.