Defendants shall be punished by a fine of KRW 800,000.

The Defendants did not pay each of the above fines.

Punishment of the crime

In managing the affairs of the association, borrowing of funds, methods of such borrowing, interest rate, and method of repayment shall undergo a resolution of the general meeting.

Nevertheless, around February 3, 2010, the Defendants conspired to borrow 80 million won in total, including 50 million won, around June 4, 2010, and 20 million won around July 29, 2010, from the Eunpyeong-gu Seoul District Search Saemaul Cooperative under the name of the cooperative operation expenses, without going through a resolution of the general meeting.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to loan community credit cooperatives (three million won), community credit cooperatives loan documents (two million won) and written confirmation;

1. Article 85 subparagraph 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Article 24 (3) 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 30 of the Criminal Act, and

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The lender of the loan amounting to KRW 80 million stated in the facts charged in the instant case (hereinafter “the instant loan”) does not constitute the borrowing of the loan subject to a resolution by the general meeting of the association, since the Defendants are not individuals, not the association.

2. The purport of Article 24(3)2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) stipulating the “loan, method, interest rate, and method of repayment of funds” as the resolution of the general meeting is to ensure procedural guarantee so that the intent of the association members can be reflected, as it directly affects the rights and obligations of the association members. To this end, the penal provisions under Article 85 subparag. 5 of the same Act are interpreted as having been established, and it is difficult to reinstate if a contract was concluded and implemented without prior resolution of the general