A defendant shall be punished by imprisonment for three years.

Punishment of the crime

From March 4, 2006 to August 13, 2009, the Defendant served as the president of the Yongsan-gu Seoul Metropolitan Government Residents' Housing Association (hereinafter referred to as the "G Association") and received contributions from its members and engaged in the management of funds necessary for the reconstruction of the above apartment.

Meanwhile, from May 1, 2003 to November 24, 2010, the Defendant concurrently held the president of the Yongsan-gu Seoul Metropolitan Government Housing Association for Residents of H Apartment (hereinafter “H Association”) and carried out the duties of president of the H Association and G Association at the H Association’s office located in the 3th floor of Yongsan-gu Seoul Metropolitan Government I.

[2012 Gohap14]

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of the G Cooperatives was in possession of KRW 2,947,89,50,50, intermediate payment of KRW 1,695,398,00, commercial building sale price of KRW 763,750,00, intermediate payment of KRW 12,101,029,575, and the intermediate payment of KRW 995,635,220, and KRW 18.855,295,00,000,000,000 from the J Co., Ltd. to the new bank and one bank account in the name of the Defendant, and was deposited in the victim K, L, M, N, P, P, Q, R, S, M, M, T, Z, Z, Z, AB, AE, AE, AE, AD, and a general person, including the Plaintiff’s members.

In this regard, the Defendant had been able to arbitrarily consume the amount of money of a G association by means of lending and receiving repayment of funds between H association and G association by taking advantage of the fact that he concurrently holds the position of president of the H association and the G association as above.

On March 29, 2006, at the south-dong branch of Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant arbitrarily withdraws the amount of KRW 50 million, which is part of the amount of G apartment associations, in the deposit account (AG) in the name of the Defendant, and deposit it into the new bank deposit account (AH), and used to pay the down payment out of the Defendant’s contributions to the G apartment associations. The sum is from around that time to July 27, 2009.