A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On August 19, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Busan District Court on August 19, 2016 and the said judgment became final and conclusive on August 26, 2016.

From January 1, 2010 to January 25, 2016, the Defendant is a person who was managing and executing the funds of the above shopping mall while serving as the president of the Busan Jin-gu Seoul Metropolitan City Commercial Building Association from around January 1, 2010.

From January 2010 to December 2015, the Defendant: (a) received a total of KRW 263,884,784 from the visitors to the above C building with the special repair appropriation fund; and (b) prepared an enforcement plan while in the course of business, which was kept by him/her; and (c) used it without going through the resolution of the board of directors, etc. at the commercial meeting; and (d) embezzled it under the general management expenses, such as the payment of employee benefits.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Legal statement of the witness D;

1. Details of deposits of the president of each account of the commercial association and annual management expenses;

1. A report on investigation (specific for the long-term repair allowances received during the suspect's tenure of office) and the organization of the long-term repair allowances;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, reporting on the results of investigation (final confirmation of a final judgment against a suspect A), and application of statutes in Part I of the judgment;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentence shall be determined as ordered in light of all the circumstances of sentencing, including the following: (a) compliance with the reasons for sentencing under Article 62(1) of the Criminal Act; (b) the defendant does not seem to have used the special repair appropriation fund for private purposes; and (c) equity with the case where the judgment becomes final and conclusive and the amount of embezzlement.