Text
Defendant
A shall be punished by a fine of 300,000 won and by a fine of 500,000 won, respectively.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
A is a person who is in charge of overall management of the operation of the above association as the head of the victim D association, and owns the Seo-gu Incheon E building in which the office of the above association is located, and Defendant B is a person who is engaged in the affairs of execution of the fund of the association
1. Defendant A used the above E-building 301 as the victim D office, which is one of the principal, to receive KRW 500,000 per month from the operating expenses of the said association, as the rent, and used the above office as the president of the association for the purpose of executing the affairs of the association.
Nevertheless, the Defendant violated his/her duties and leased the above victim’s association office from December 1, 2012 to March 31 of the same month, and from the G Elderly Welfare Center run by F for one month to use it as an office for the elderly welfare center operated by F, thereby having the G Elderly Welfare Center acquire property benefits equivalent to KRW 500,000,000 per month, and suffered property damage from D Association in the same amount.
2. Defendant B, on February 2, 2013, while the operating expenses of the pertinent association for the victim D association were kept in custody for business purposes, Defendant B arbitrarily withdrawn KRW 23,900,000 from the account of community credit cooperatives (Account Number:H) in which the operating expenses are deposited and embezzled for the purpose of returning the deposit money for lease on a deposit basis.
Summary of Evidence
1. Defendant B’s legal statement
1. Partial statement of the witness F in the court;
1. Protocol concerning the interrogation of the Defendants by the prosecution
1. Application of Acts and subordinate statutes to a copy of a monthly rent contract and photographs;
1. Relevant legal provisions concerning criminal facts and subparagraph A of a sentence: Articles 356 and 355(2) of the Criminal Act; Defendant B who choose a fine: Articles 356 and 355(1) of the Criminal Act; the choice of a fine;
1. Articles 70 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;