Defendant

Final pen (prosecution), Kim U.S. (Trial)

Attorney Cho Jong-han

Defendant shall be punished by a fine of three million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

From July 7, 2007 to May 17, 2010, the Defendant, as the representative director of the non-indicted 1 social welfare foundation located in Busan Shipping Daegu ( Address omitted), took overall charge of all tasks such as compilation of the budget, maintenance and repair of buildings, personnel management, etc.

1. Violation of the Social Welfare Services Act;

When a social welfare foundation intends to sell, donate, exchange, lease, provide security, or change its use concerning its fundamental property, it shall obtain permission from the Minister of Health and Welfare.

Nevertheless, the Defendant, without obtaining the above permission from September 4, 2007 to May 17, 2010, leased 33 square meters of the first floor of the building of the non-indicted 1 social welfare foundation, which is the fundamental property of the above non-indicted 1 social welfare foundation, to the non-indicted 2 corporation, the representative of which was the defendant.

2. Occupational breach of trust;

The articles of incorporation of the victim non-indicted 1 social welfare foundation provides that when intending to lease the basic property of the victim, the competent authority shall obtain prior permission through a resolution of the board of directors, and the defendant, as the representative director of the victim, has an occupational duty to manage the basic property of the victim as a good manager, and in order to promote the personal interests of the defendant by violating this duty, the defendant leased 33 square meters of the 1st floor of the victim's building, which is the basic property of the victim, to the non-indicted 2 corporation where the defendant was the representative. Accordingly, the defendant acquired property benefits equivalent to 33 square meters of the 1st floor of the victim's building where the market price cannot be known during

1. Defendant's legal statement;

1. The police statement of Nonindicted 3 and Nonindicted 4

1. A written accusation;

1. On-site photographs of non-indicted 1 social welfare foundation

1. Results of the guidance and inspection of non-indicted 1 social welfare foundation

1. A real estate lease contract;

1. Article applicable to criminal facts;

Subparagraph 1 of Article 53 and Article 23(3)1 (a) of the Social Welfare Services Act, Article 356 and Article 355(2) (a) of the Criminal Act, the selection of each fine, respectively.

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Embrying;