A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, while serving as the Director of the Management Office, was a person who has overall control over all the affairs of the Management Office, such as management expenses, management of the long-term repair appropriation fund, execution, etc. of the above apartment.

On March 2013, the Defendant decided to pay personal interest, etc. by arbitrarily using the money accumulated as the long-term repair reserve fund in the name of the head of the agricultural cooperative account and the seal, etc. of the representative council of occupants, in the name of the victim C apartment occupants representative meeting, who set aside the long-term repair reserve fund in the above apartment management office, etc.

On March 11, 2013, the Defendant deposited the long-term repair appropriation money accumulated in the Agricultural Cooperative account in the name of the victim for the victim in the course of his/her duties on behalf of the victim, and voluntarily consumed it for the purpose of credit card payment, personal debt repayment, etc. at the place of large exhibition, etc. from around that time to June 12, 2014, and embezzled 450,000 won in total for five times, as described in the attached list of crimes, at the place of large exhibition, etc. by means of the aforementioned method as above, from around five times to June 12, 2014.

Accordingly, the defendant embezzled the victim's property in violation of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes in respect of which payment is made, a complaint, a statement of the reasons for and confirmation of the withdrawal of deposits, and a statement of payment (restatement).

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is to deposit for the victim the sum of the amount that the Defendant made up and embezzled the victim’s trust, or the amount that the Defendant led to the confession and reflects of the criminal act, and the sum of the amounts of KRW 25 million is to be deposited for the victim.