Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant, which was held on December 2, 2017, enacted the building management rules in this case, while the sectional owners of the instant building, such as victims C, were present at the inaugural general meeting of the management body of the building of this case (hereinafter referred to as the “instant building”), and was elected as the chairperson of the management committee from January 1, 2018 to the date of the management body.

The Defendant embezzled KRW 3,174,490, total reserves for long-term repairs collected from around January 2018 to August 2018 of the same year by spending all fixed expenses necessary for the operation of the building, including electric safety management expenses and elevator inspection expenses, while not depositing and managing them into an account in the name of a separate management body established in a financial institution designated by the operating committee pursuant to the building management rules of this case.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Legal statement of witness C and D;

1. Management rules;

1. Data on the payment amount of reserves for special general meetings and data on the details of disbursement of special meetings on October 20, 2018;

1. Data on the first extraordinary meeting of the E building in 2018;

1. Details of passbooks of management expenses for the relevant period, and details of deposits and withdrawals;

1. Determination on the defendant's assertion of the minutes of the first operating committee and the second operating committee minutes

1. Summary of the assertion

A. The Defendant was not in the position of a custodian of the long-term repair appropriations from January 1, 2018 to May 31, 2018, where D worked as a custodian.

B. The Defendant merely temporarily uses the long-term repair appropriations for the purpose of public use management expenses due to lack of management expenses, and thus there is no intention of embezzlement against the Defendant.

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and examined by the court as to whether the Defendant was in the custody status, namely, the Management Committee of the Building of this case, around December 2017.