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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant has been working as the head of the D Housing Redevelopment Project Association, and has been representing the association and engaged in the overall affairs of the association such as budget and accounting.

The Defendant, as the president of the partnership, has breached his duty to preserve and execute the property of the partnership with the duty of due care as a fiduciary. On October 28, 201, the Defendant transferred 5,000,000 won, including 2,563,240 won, under the name of G medical treatment and criminal agreement, from the fund of the partnership on behalf of F in relation to the case of assaulting the auditor G while the representative of the partnership, who had drinkingly been in a dispute with the view of drinking alcohol regardless of the partnership’s duties, to G account, on behalf of F in relation to the case of assaulting the auditor G of the partnership, regardless of the partnership’s duties.

Accordingly, the Defendant obtained F from F the pecuniary advantage equivalent to the sum of 5,000,000,000 won for medical treatment and criminal agreement and suffered damages equivalent to the same amount.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement of H;

1. Application of deposit receipt and request Acts and subordinate statutes;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The assertion by the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act;

1. The auditor G of the alleged association suffered an injury in the course of gathering F during the period of sale after the end of the board of representatives. This is an occupational accident suffered in the course of executing the business affairs of the association. The defendant paid G medical expenses not arbitrarily but through legitimate procedures in accordance with the relevant provisions, such as the articles of association of the association, and thus does not constitute an act of breach of trust, and thus, the defendant did not have an intention of intentional or unlawful acquisition in breach of trust.