The sentence of sentence shall be suspended for the defendant.

Punishment of the crime

The defendant works as the chairperson of the council of occupants' representatives in Nam-gu Incheon Metropolitan City, and has overall control over the affairs of the council of occupants' representatives and been engaged in execution of operating expenses.

According to the above management rules of apartment houses, if the operating expenses of the council of occupants' representatives are to be paid to a self-employed organization to revitalize community life, it shall undergo a resolution of the council of occupants' representatives. Therefore, in order to compensate the expenses paid by the above apartment complex development committee as operating expenses of the council of occupants

Nevertheless, on December 21, 201 and December 27, 2011, the Defendant claimed for the preservation of the current representative re-exploitation of the company and the manager who did not negotiate with the construction of the limited construction and defects and requested the replacement of the controlled entity and the manager, and requested D to preserve the total amount of KRW 1,217,00 without going through a resolution of the council of occupants' representatives in order to promote D interests.

Accordingly, the defendant has acquired D property benefits equivalent to KRW 1,217,00,000, and caused damages equivalent to the same amount to the council of occupants' representatives.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Each legal statement of witness E, D and F;

1. Extraction of the management rules;

1. Receipt of operating expenses, details of passbook remittance, and application of Acts and subordinate statutes on receipts;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act, the choice of fines concerning criminal facts;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of suspended sentence (with no record of punishment against the defendant, and considering the circumstances leading to the instant crime);