A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

From around 2003 to February 2015, the Defendant was engaged in the duties such as revenue and expenditure of apartment management expenses, etc. as the self-governing president of the 2nd apartment complex in Gyeyang-gu Incheon Metropolitan City D apartment complex and the managing director of apartment complex.

1. Around January 6, 2010, the Defendant embezzled KRW 42,390 of the apartment management fee that was paid in cash from the occupant of the said D Apartment No. 202, 506, on behalf of the victim D apartment residents, while in the course of performing duties, he/she did not deposit the apartment management fee into the account of the apartment management fee at that time, and he/she arbitrarily used it from that time until February 23, 2015, by arbitrarily consuming KRW 9,113,430 in total over 102 times, as described in the attached Table 1.

2. On January 11, 2010, the Defendant embezzled the management expenses for apartment in the Saemaul Treasury (E) account in the name of the Defendant, the management expenses for apartment in the above D apartment, in the course of business for the victims of the apartment, by withdrawing KRW 408,00 in the name of the victim’s apartment management expenses, and deposit KRW 168,00 in the face-to-face price management account in the face-to-face price deposit of KRW 168,00, and arbitrarily using it by omitting KRW 240,000 from November 12, 2013.

3. On February 9, 2012, the Defendant collected apartment management expenses from the Saemaul Treasury (F) account in the name of the Defendant, a management account for the purification of the foregoing D apartment, for the victim of the apartment in order to use KRW 3,700,000 in the name of the expenses for the removal of septic tanks, and then wrongfully used KRW 3,700,000, which remains after using KRW 700,000 in the name of the victim, from that time to February 28, 2014, the Defendant embezzled the management expenses for apartment in total three times by arbitrarily consuming the total amount of KRW 3,00,000 in the manner described in the attached Table 3, as above, from that time, until February 28, 2014.

4. On February 1, 2008, the Defendant suffered an apartment management fee from the Saemaul Treasury (F) account in the name of the Defendant, a waterproof management account on the rooftop of the above D apartment.