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Defendants shall be punished by a fine of one million won.
The Defendants did not pay each of the above fines.
Reasons
Punishment of the crime
Defendant
A is the president of the Busan-gu Seoul-gu Council for Residents' Representatives from August 1, 2015 to September 30, 2017, and Defendant B was engaged in the management of apartment management expenses, such as long-term repair allowances, as the above apartment management warden from November 1, 2014 to December 6, 2016.
The long-term repair allowances shall be used only for the purpose of replacing or repairing major facilities of multi-family housing in accordance with the long-term repair plan.
Nevertheless, from February 26, 2016 to May 2016, the Defendants conspired and embezzled the long-term repair allowance of KRW 104,362,234, which was under business custody, for the cost of the windowing construction work in the window mold, to D Co., Ltd., an exclusive part.
Summary of Evidence
1. The Defendants’ respective legal statements
1. Statement made by the police for E;
1. Application of the statutes on contracts for construction works;
1. The Defendants: Articles 356, 355 (1) and 30 of the Criminal Act; and Articles 356, 355 (Selection of Penalty) of the said Act;
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act