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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the head of the H Housing Redevelopment Project Association in Dong-gu, Gwangju, who holds a board of directors, representative council, and a general meeting of the said association, executes the matters determined at the meeting, and manages all the affairs of the said association by keeping operating expenses of the association in the course of business.
On August 31, 2015, the Defendant was prosecuted for violating the Non-Act on the Improvement of Urban and Residential Environments.
On May 12, 2015, the public prosecutor's office was that the defendant did not comply with the request for disclosure of information by a member of the association, and the defendant violated relevant statutes in the course of performing his/her duties as the president of the association. Thus, the attorney's fee should not be paid at the expense of the association. Nevertheless, the defendant appointed the attorney-at-law B belonging to the law firm as the defendant's defense counsel around October 2015 and paid 2.2 million won of operating expenses of the association to the law firm B at the expense of the attorney-at-law on October 27, 2015.
The defendant, from November 23, 2016 to November 23, 2016, stated that the defendant or I written indictment "the defendant" is "the defendant," but it is obvious that it is a clerical error.
It has been embezzled by arbitrarily using 15.4 million won in operating expenses of the partnership at the expense of the attorney-at-law in criminal trial.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement by the witness J;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. A tax invoice;
1. Application of Acts and subordinate statutes, such as a report on investigation (report on the criminal trial of a suspect, the confirmation of appointment of an attorney-at-law), the criminal trial proceedings, etc.;
1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (including), and Article 355 of the Criminal Act, the choice of fines for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In principle, the issue of Article 334(1) of the Criminal Procedure Act can be disbursed at the expense of an organization as a matter of principle.