A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On October 20, 2014, the Defendant is a member of the Victim C Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “victim Cooperative”). After the board of directors was appointed as an executive director and acting for the president of the Cooperative, the Defendant was engaged in the management and enforcement of the property while managing the head of the Tong, etc. of the Victim Cooperative.

On November 1, 2014, when the Defendant was appointed as the president of the association from an extraordinary general meeting held by members including D on November 1, 2014, the Defendant was willing to file a series of lawsuits on the ground of the Defendant’s individual as a party or as a formal party to the victim association in order to nullify the appointment of D’s president by taking into account procedural defects, etc.

On November 25, 2014, while the Defendant kept the funds for the victim’s association at the victim’s association office located in Seongdong-gu Seoul E-building 801, the Defendant withdrawn KRW 11 million from the bank account (F) in the name of the victim’s association in the name of the Seoul Eastern District Court 2014Kahap10182) under the name of the attorney fee for the case of applying for a provisional measure of suspending the effect of the general meeting resolution filed by the individual against the victim association.

In addition, the Defendant remitted the total amount of KRW 55 million to the attorney fee for the total of five lawsuits, such as the statement in the attached list of crimes on the same day.

As a result, the defendant embezzled the property of the victim association, which was in his business custody.

Summary of Evidence

1. The police statement of H;

1. Full certificate of the matters to be registered, copy of passbook, disbursement resolution, tax invoice, and request for attorney fees;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The defendant is the representative of the victim's association, who is a party to a lawsuit or for the benefit of the victim's association.