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 becomes final and conclusive.

Punishment of the crime

From July 2004 to April 2018, the Defendant: (a) was a person who was the general secretary of the council of occupants’ representatives from the Busan Seo-gu B apartment (hereinafter “the apartment of this case”; (b) imposed and managed apartment management fees, commercial buildings, and parking lot rent proceeds, etc. (hereinafter “public housing”) from the occupants of the apartment of this case; and (c) was in charge of managing the expenditure related to the apartment of this case.

While the Defendant was in charge of the accounting of the Council for Representatives of Residents of B Apartments, he did not use part of the above public funds for the occupants and used them arbitrarily under the name of the Defendant’s personal living expenses, etc., and deposited the insufficient amount than the embezzled amount into the deposit account of management expenses again by depositing the insufficient amount into the deposit account of management expenses.

Accordingly, the Defendant, from January 201 to April 2018, deposited KRW 213,356,093, including management expenses, from the victims of the instant apartment from the occupants of the instant apartment, and embezzled the public funds of the instant apartment that were kept in custody for the said occupants by arbitrarily consuming KRW 37,403,759, which is a sum of the Defendant’s personal living expenses, card price, insurance premium, interest on loans, etc. over several times during the said period.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. The details of each transaction (the list of evidence Nos. 7, 8, 10 through 14, 16, 18, 45, 46);

1. Each receipt for management expenses (a list of evidence Nos. 52 through 56);

1. Application of Acts and subordinate statutes to each investigation report (a list of evidence Nos. 6, 9, 15, 17, 19, 21, 26, 28, 40, 43);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. The crime of this case with the reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is not likely to be a crime that the defendant embezzled the public funds of the apartment of this case as the representative meeting of the apartment.