Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

From February 20, 2012, the Defendant served as the chairperson of the Victim B Association (hereinafter “victim Association”) from around February 20, 2012, and took overall control of the affairs of the Victim Association, including administrative and accounting affairs, by the secretariat of the Victim Association.

Around February 29, 2012, the defendant did not receive any remuneration from the chairperson of the victim's association, and the expenses necessary for performing his/her duties can be paid as actual expenses. However, around February 29, 2012, the defendant approved the disbursement resolution prepared by unfolding 200,000 won as 1.2 million won from the office of the Dobong-gu Seoul Association CB Association located in Dobong-gu Seoul Metropolitan Government, and received 60,000 won out of the difference between the amount stated as the sports area management expenses and the actual sports area management expenses in cash and used it for personal purposes from that time to May 2017, and received 64 times in total as the expense for performing his/her duties as shown in the attached list of crimes, and used it for personal purposes every time.

Accordingly, the defendant embezzled money owned by the victim association in the course of business.

Summary of Evidence

1. Each legal statement of witness D and E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A report on investigation (Notification of the results of the B Association regular audit and append copies of the disbursement resolution and receipt), notification of the results of the B Association regular audit, a letter of disbursement resolution, and a copy of receipt;

1. Information about the settlement of expenses incurred in performing duties as the president of the Association;

1. Application of the Acts and subordinate statutes on the advance sheet, receipt, and copy of passbook;

1. Articles 356 and 355 (1) of the Criminal Act and the selection of fines concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;