A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On September 3, 2015, the Defendant was sentenced to imprisonment with prison labor for ten months for the purpose of obstruction of performance of official duties, etc. at the Changwon District Court’s branch branch on September 3, 2015, and the said judgment became final and conclusive on September 28, 2016.

【Criminal Facts】

From September 25, 2009 to September 23, 2016, the Defendant, as the president of the victim B association, appointed an attorney-at-law in the process of investigation and trial on the said criminal case, and had him/her spent 55,40,00 won for attorney-at-law at the joint fund of the said association, in the course of demanding an interview with the head of the Gyeongnam-Gun by visiting the Gyeongnam-Gun Office around March 20, 2015, the Defendant was indicted for committing an injury to employees of the said Gun office, obstructing the performance of official duties, obstructing the performance of official duties, and committing an offense of obstructing the performance of official duties. On February 3, 2015.

On September 23, 2015, the Defendant, at around 10:00, embezzled the above criminal case against the Defendant’s illegal act, and thus, the attorney fee cannot be paid out of the funds of the said association, notwithstanding the fact that the directors of the said association were present at the meeting, by holding a board of directors stating the appointment of the attorney-at-law on the said case with the funds of the association, and sufficiently avoiding the need for the preservation of the attorney’s fees, thereby allowing the directors to make a decision thereon and approve the same document. On September 25, 2015, the Defendant embezzled the amount of KRW 50,400,000 from the victim’s association funds kept in the office for the victim association, which were transferred to the E-association account (F) in the name of the Defendant.

Judgment on the Defense Counsel's argument

1. The asserted defense counsel: (1) Since a standing director takes charge of affairs related to finance, finance, etc. of the victim union, the defendant's funds of the victim union.