A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant is a person who became a full-time executive officer of the Victim C Association in Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as “victim C Association”) around 1984 and was employed on March 1, 2015 by serving as a full-time executive officer of the Victim C Association from March 1, 2015 to September 2019.

1. From June 7, 2017, the Defendant was in office as an executive officer of the Victim C Union, and was engaged in the management and disbursement of membership fees paid by the said members as the general secretary of “D”, which is a friendship group consisting of 23 members, such as the president, director, and auditor of the Victim C Union.

However, around May 21, 2018, the Defendant established a pledge on the deposit balance of D membership fees of KRW 10 million in a fixed deposit account (victim C E) at a victim C association as the Defendant. On the same day, the Defendant received a loan of KRW 10 million from the victim C association to the victim C association account under the name of the Defendant (F on May 17, 2019) within the scope of household installment savings (the repayment date) as security, and used the said loan for personal purposes after depositing the said loan to the victim C association account under the name of the Defendant.

As a result, the defendant acquired financial gains equivalent to 10 million won from loans in violation of his duties, and suffered financial losses equivalent to 23 members of the victim D.

2. From March 1, 2015, the Defendant was working as a full-time executive officer of the Victim C Union from around March 1, 2015, and was in charge of the management of deposits, loans, collateral management, etc.

On August 31, 2015, in order to secure the Defendant’s debt owed to the Victim C Association with the Defendant’s father G at the Victim C Association, the Defendant established and implemented the right to a lower-class right with the Defendant’s debtor G, the mortgagee C, the maximum amount of the claim amount of the I commercial apartment building J located outside of H, Dongjak-gu, Seoul, and one parcel of land owned by the Defendant.

However, around June 18, 2018, the defendant needs to terminate the above right to collateral security, such as the approval of K president, at the victim C Partnership Office.