A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From around 2007 to August 2010, the Defendant served as a member of the Victim Ctel management committee located in Seocho-gu Seoul Metropolitan Government, and took overall charge of the duties of the management body committee, such as the collection and use of occupants, facility management, and expenses incidental thereto. A.

On October 23, 2009, the Defendant, at the management office in the instant officetel on October 23, 2009, transferred KRW 15 million facility management service cost from the Do Private Teaching Institute’s company, a resident, to the bank account under the name of the above management office, and returned the funds to the Do Private Teaching Institute’s company by ordering the employees of the above management office while he/she was in business custody for the victim, and then returned the funds from the staff of the Do Private Teaching Institute’s company to the Do Private Teaching Institute’s company. At that time, the Defendant returned the funds in cash from the staff of the Do Private Teaching Institute, and arbitrarily consumed the funds

B. On June 30, 2010, the Defendant, on June 30, 2010, deposited the facility appropriation funds received from the occupants into the account in the name of the above management office (number: F) and ordered the employees of the above management office to withdraw KRW 24,645,363 while keeping the funds for the facilities for the victims in the course of performing duties under the name of the above management office, and then arbitrarily consumed them for living expenses, etc. at the city of Seoul at around that time.

Accordingly, the Defendant embezzled the sum of 39,645,363 won in occupational custody for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. A report on investigation (the date of embezzlement for facility reserve funds and specification of the amount) and a certificate of deposit transaction performance;

1. Application of statutes to the management rules of officetels, certificates of deposit transaction performance, real estate lease contracts, and facility management services contracts;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the scope of recommending punishment) shall be the first type (100 million won).