Defendant

A shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, KRW 100,000.

Punishment of the crime

Defendant

A is the representative of occupants and the chairperson of the Steering Committee of H apartment in Busan, the vice-chairperson, the defendant C, and the defendant D are the general director, the auditor, the defendant E, and the defendant F are the members of the audit, the defendant E, and the defendant F are the persons in charge of overall affairs concerning the operation of the apartment.

On April 25, 2015, the Defendants attended the meeting of the Steering Committee held at the meeting room of the above apartment on April 17:00, and filed a complaint with the case that the above apartment playground was created by removing the above apartment playground without obtaining permission from the head of the competent Gu, as the representative of occupants and the head of the operating committee, and decided to pay a fine from the management expenses paid by the occupants of the apartment on the ground that the fine was imposed on A due to the whole apartment complex as a result of the imposition of a fine of two million won on A., and on October 14, 2015, Defendant A received from the occupants of the apartment house and kept for business.

H In the Busan bank management account in the name of the occupant of the apartment, two million won owned by the occupant of the victim H apartment was embezzled by paying a fine of two million won for the defendant A.

Summary of Evidence

1. The defendants' corresponding legal statements

1. A copy of bankbook;

1. Defendant F and his defense counsel’s assertion on the minutes of the meeting does not constitute embezzlement since the minutes were disbursed through a legitimate resolution of the Steering Committee in accordance with the H Apartment Management Rules.

The argument is asserted.

H According to the rules on apartment management, a steering committee comprised of the heads of each apartment units (Article 3) shall have a meeting for representatives of occupants under their jurisdiction. The said meeting for representatives of occupants shall consist of one chairperson, one vice-chairperson, one general secretary, and three members (each such representative) who are executive officers of the steering committee (Article 13, 19). Meanwhile, the matters subject to the resolution of the steering committee and the meeting for representatives of occupants have not been separately determined, but the resolution on the financial expenditure is an expenditure item as stipulated in the management rules.