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

(A)The Defendant (State) from August 29, 201 to the person who is a land owner owner of the C Transport Company, and from around August 29, 201 to the management of the Defendant’s monthly membership fees from the land owner of the said Company D, for the purpose of paying the cost of assistance, food expenses, etc.

While the Defendant kept monthly membership fees for victims on April 4, 2012, the Defendant paid 2 million won out of the membership fees to E as a loan, and arbitrarily consumed them.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on report on internal investigation ( telephone communications withE);

1. Article 355(1) of the Criminal Act for the crime at issue (Selection of Fines) of the relevant statutory provisions for the crime (the defendant and his defense counsel obtained the consent of some members to lend KRW 2 million out of the membership fees to E, and thus, the defendant and his defense counsel do not constitute embezzlement and do not have the intention of embezzlement. The above assertion is rejected, since lending part of the membership fees to another person cannot be deemed as embezzlement or there is no intention of embezzlement inasmuch as there is no individual consent of all the members or resolution in accordance with the rules, unless there is a resolution in accordance with the agreement of all the members).

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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