1. Defendant A shall be punished by imprisonment with prison labor for a year and six months;

2. Defendant B shall be punished by imprisonment for six months.

Punishment of the crime

Defendant

A, from August 21, 2013 to May 31, 2017, as the head of Nowon-gu, Seoul Special Metropolitan City D Apartment (hereinafter referred to as the “instant apartment”), the victim residents deposited the account of the apartment fund created in the name of long-term repair appropriations, management expenses, and miscellaneous profit in the course of business to manage the repair, maintenance, etc. of apartment.

Defendant

From December 17, 2012 to July 24, 2017, A, who was the president of the tenant representative of the instant apartment, and from November 2014 to June 2015, Defendant C, the accounting officer of the management office from November 2014 to June 2015, and Defendant B, the management office, but did not perform the construction work for the repair and maintenance of the apartment, but did not perform the construction work. As such, as Defendant C and Defendant B, the accounting officer of the management office from July 2015 to May 2017, submitted false evidentiary materials, such as the deposit sheet of the construction company, to attach them in the account book for expenditure, and publicly recruited the apartment fund for personal use as repair cost.

1. On January 29, 2014, Defendant A and E’s joint criminal conduct of occupational embezzlement: (a) obtained consent from the Management Office of the instant apartment, and withdrawn KRW 150,000 from the miscellaneous income passbook under the pretext of accepting eight underground doors; and (b) did not accept it; and (c) used it individually on the cost of living, etc. around that time.

As above, the Defendant conspired with E on January 29, 2014, from around October 31, 2014 to October 31, 2014, stated false contents in the expenditure resolution as if he/she performed the apartment repair work as shown in attached Table 1, and withdrawn the total amount of KRW 58,783,620 over 112 times, and embezzled the apartment fund by arbitrarily consuming KRW 58,284,620 on living expenses, etc. around that time.

2. Joint criminal conduct of Defendant A, C, and E;

A. On November 3, 2014, Defendant A obtained the consent of expenditure resolution from E from the apartment management office of the instant apartment on November 3, 2014, and instructed Defendant C who is an accounting officer to make an elevator part 1-4Ra.