Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Punishment of the crime

The Defendants were the residents of Daegu Jung-gu apartment, and Defendant B received money from F that collects the clothes presented by the apartment residents of the apartment unit E in his own discretion as the expenses for collecting clothes.

The Defendants received KRW 6,80,000 from the above F to the Agricultural Cooperative Account in the name of each Defendant B, and kept 6,000,000 won in total for the representative meeting of the victim E apartment occupants, from the F on August 31, 2012, KRW 1.5 million, KRW 1.5 million on January 30, 2013, KRW 1.5 million on April 15, 2014, KRW 1.3 million on February 16, 2015, and KRW 1 million on February 23, 2015, from each of the Defendant’s agricultural accounts in the name of each of the Defendant B, Defendant A opened the passbook under the name of the Defendant B from April 30, 2013, and embezzled KRW 2,00,000 from the said account to the account under the name of Defendant A for consumption under the name of Defendant B, to the total of KRW 5,533,015.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. The legal statement of the defendant A (as at the third trial date), and the legal statement of the defendant B (as at the second trial date);

1. Statement of H in the suspect examination protocol (second time, replacement of the complainant) against the defendant B by the prosecution;

1. Application of remittance details and transaction details under Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 355 (1) and 30 of the Criminal Act concerning the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;