Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, this judgment is delivered against Defendant A.

Punishment of the crime

Defendant

A, from April 2, 2010 to April 2, 2010, has been engaged in the management and accounting of the apartment as the chairperson of the victim D apartment council of occupants' representatives in the Nam-gu Incheon Metropolitan City, and Defendant B has been engaged in the affairs concerning the claim, receipt and disbursement of various expenses, such as the management expenses of the apartment from January 2, 2008 as the management office of the apartment.

While the Defendants deposited the general management expenses and reserves for long-term repairs in the passbook in the name of the victim and used the Defendants’ seal to make transactions of entering and withdrawing the said passbook for the purpose of personal use, the Defendants were able to withdraw the above management expenses, etc. and use them for the personal purpose.

On May 26, 2010, Defendant A ordered Defendant B to withdraw money from E, who is an employee in charge of the management office of the above apartment, on the following grounds: “The real estate owned by the Defendant due to the default of taxes is required to be deposited in the passbook of the management expenses, and the money is deposited in the passbook of the management expenses.” Defendant B signed the seal of the Defendants on the withdrawn money slip, and ordered Defendant B to withdraw money.

Afterward, the above E voluntarily released KRW 14 million from the Agricultural Cooperative Account (F) in which there is general management expenses for the apartment complex at the Namcheon-dong, Namcheon-gu, Incheon, Incheon, 260-34, and Defendant A arbitrarily consumed it for the purpose of personal debt repayment, etc. around that time.

The Defendants conspired with E to withdraw a total of KRW 278 million from May 26, 2010 to September 23, 2011 in the same manner as indicated in the annexed crime list, and embezzled the property of the victim in the course of business.

Summary of Evidence

1. Defendants’ legal statement

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning G;

1.The above consignment management contract;