A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On January 1, 2015, the Defendant was appointed as the president of the C Market Merchant Association in Kimcheon-si, Kimcheon-si (hereinafter referred to as the “Merchant”), and was in charge of overall affairs of the merchants’ association and received membership fees of 10,000 per month from members.

On March 11, 2015, the Defendant, who is a member of the said merchants' association, was ordered to take a summary order of KRW 700,000,000 as a violation of the Assembly and Demonstration Act by holding an assembly without reporting it to the head of the police station having jurisdiction over the said merchants' association. On March 27, 2015, the Defendant released KRW 70,000 from the merchant's membership fee account (SOF) and delivered it to the said D.

Accordingly, the defendant embezzled 70,000 won of the merchant's membership fees which he had been under custody for the above merchant's association at will.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Police investigation report (the details of transactions of passbooks at the market merchant's association and the list of merchants' associations);

1. The Defendant asserts that all kinds of evidentiary materials [the details of expenditure (three months)] such as reporting on the audit of the merchant's association in the year 2015 [the Defendant] [the Defendant, the chairperson of the merchant's non-governmental committee, has received a summary order while holding a meeting for the merchant's association. As such, the Defendant paid the amount of fine equivalent to the fine to D through a resolution of the merchant's association,

On the other hand, the members of the organization perform their duties in a lawful way, so if the members of the organization violate the relevant statutes in performing their duties and are subject to criminal trials, it constitutes embezzlement to pay their expenses to the organization. As alleged by the defendant, D held a meeting for the merchants' association, and even if the defendant was executed through the meeting of the Steering Committee for the public funds disbursement of the merchants' association, D neglects its duty to report the meeting and issued a summary order.