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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From around June 25, 2006 to June 25, 2014, the Defendant was the chairperson of the Committee for Promotion of Housing Redevelopment and Improvement (hereinafter referred to as the “instant Promotion Committee”), and the person who served as the president of the said Improvement Project Association (hereinafter referred to as “instant Cooperative”) from June 26, 2014 to September 13, 2018.
1. From around 2006, the Defendant has been engaged in the business of managing funds of the association by using his name Busan Bank account (D) while taking overall control of the progress of the housing redevelopment project as the chairman of the committee of promoters of this case.
On June 19, 2014, the Defendant borrowed KRW 50,000,00 from E Co., Ltd. (hereinafter “Co., Ltd.”) selected as the design service company of the instant promotion committee (hereinafter “Co., Ltd.”) to receive KRW 50,00,00 from the operation fund of the promotion committee, and was transferred to the Busan Bank account under the name of the said Defendant for the instant promotion committee, the victim, who was the victim, was in the course of business. On July 31, 2014, the Defendant withdrawn KRW 40,250,000 in cash to use it for the inaugural general meeting cost of the instant association scheduled to hold on July 31, 2014, and embezzled KRW 10
2. Violation of the Act on the Maintenance and Improvement of Urban Areas;
(a) An executive of a housing redevelopment association who borrows a borrowed money without a resolution of the general meeting shall not borrow money without a resolution of the general meeting of the association;
Nevertheless, around July 23, 2017, the Defendant agreed to borrow KRW 100 million in the name of the representative H of G and the operating expenses of the instant association from G, and borrowed KRW 100 million in total from G to the Busan Bank account (I) in the name of the Defendant established by the Defendant to manage the funds of the instant association without a general meeting resolution.
(b) violates an administrative order issued by the head of the Gu;