Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On October 19, 2010, the Defendant was sentenced to two years of imprisonment with prison labor in the Busan District Court for six months, and the judgment became final and conclusive on May 26, 2011.

On October 27, 2009, the defendant was elected as the representative of Busan Northern-gu 201 Dong, and was elected as the president of the tenant representative meeting and performed his duties such as approval of the business plan and budget for the execution of apartment management expenses, etc.

On March 30, 2010, the Defendant submitted at least a majority of the non-Confidence written consent to the same representative of the residents living in the Dong on March 2010, and thus, the Defendant naturally dismissed pursuant to Article 18(2)8 of the apartment management rules and lost the status of the same representative, as well as the status of the president pursuant to Article 19(4) of the same rules.

Nevertheless, as a result of denying this and performing the duties of the president, the resident C of the apartment house in May 20, 2010 filed a lawsuit with the Busan District Court for the provisional disposition of suspending the performance of duties against the defendant, the representative of the Dong and the confirmation of the existence of abandonment at the same time.

According to the provisions of Article 5 of the same apartment management rules, "the disposal of miscellaneous income, etc.", the apartment can be used in the reserve fund account by resolution of the council of occupants' representatives when a lawsuit is brought in the name of the tenant representative who is not the representative of each Dong but the representative of each Dong. However, this is limited to a dispute with external power and a case where an organization itself becomes a party to a lawsuit, so the expenses of the attorney-at-law who is the representative of the organization

Nevertheless, the defendant, on June 1, 2010, in relation to the case of applying for a provisional disposition to suspend the execution of his duties in the apartment management office, 2.2 million won and the same year at the attorney's expense appointed by the defendant.

6. 23. The representative and the president have disbursed 3.3 million won from the reserve fund account out of the apartment management expenses through a resolution of the tenant representative.