A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

The defendant has been in charge of accounting such as the imposition and collection of management fees and the disbursement of public charges as the Seoul Yongsan-gu apartment management warden from August 26, 2004 to March 31, 2016.

On June 1, 2005, the Defendant: (a) retired from office and was in charge of accounting affairs solely by the Defendant; and (b) subsequently sealed and kept the seal impression of the president of the council of occupants’ representatives, who received payment under the name of re-issuance of the passbook for management expenses, etc. in a large number of withdrawal slips brought by the bank in advance; (c) around the 7th of the same month, using the above withdrawal slips to withdraw KRW 372,50 from one bank account in the name of the above apartment (D) and use it for personal debt repayment; and (d) from March 8, 2016, the Defendant embezzled KRW 786,754,188, the sum of the management expenses for apartment management, which were held by the victim for the representatives of the above apartment occupants, by using the same method until March 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A detailed statement of the embezzlement and analysis of accounts of public funds for apartments, 205 through 2016;

1. Application of Acts and subordinate statutes to a report on investigation (the amount of damage re-specified and re-preparation of a list of crimes);

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of punishment: Imprisonment for not less than one year and not less than six months;

2. Three types of breach of trust (at least 50 million won, but less than 5 billion won) (decision in the sphere of recommendation) (decision in the sphere of special sentencing) on the basis of the sentencing guidelines [the scope of recommendation] basic area (decision in the sphere of recommendation] / two years to 5 years.

3. The crime of this case, which was decided upon sentence, is committed.