1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Punishment of the crime

On March 13, 2012, when the Defendant worked as the C Apartment Management Office in Namyang-si, and was engaged in the storage and execution of management expenses, on March 13, 2012, the Defendant was transferred the management expenses of residents to a deposit account in the name of the apartment community deposit account in the name of the council of occupants' representatives and was requested to lend 2.5 million won to the victim, who was the victim for the said council of occupants' representatives. On March 15, 2012, the Defendant withdrawn 2.5 million won from the said account to D and embezzled it as the borrowed money.

[Defendant's assertion that the act of lending of this case cannot be deemed to go against the will of the council of occupants' representatives, and merely omitted approval from the vice-chairperson. However, according to the evidence below, it is acknowledged that the withdrawal of the loan of this case did not have obtained prior approval from the council of occupants' representatives or ex post facto approval, and insofar as the defendant has the authority and obligation to execute the budget, such as management expenses, etc., pursuant to the apartment management rules of this case (Articles 60 through 63), the intent of the vice-chairperson, who is the internal approving authority, does not affect the establishment

1. Summary of the audit results of the C apartment and audit report;

1. President of the Total Account;

1. Paper for a design (Evidence records 112 pages);

1. Application of Acts and subordinate statutes to reference materials (attached management rules);

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning facts constituting an offense. Article 355 (Selection of Punishment of Fines)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;