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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person who worked as the president of the Mapo-gu Seoul Metropolitan Government Association from May 2002 to June 26, 201.
1. Around June 25, 2009, the Defendant, due to the diversion of public funds, received KRW 54,346,00 from the Seoul Guarantee Insurance Co., Ltd. to the national bank account in the name of the Defendant and kept in custody for the said association on behalf of the Defendant:
A. At around July 30, 2009, at the above partnership office, withdrawn KRW 2.5 million from the above account under the pretext of paying for the interest on loans of the union members, and then wrongfully consumed KRW 198,947 at around that time at the location of the defendant’s residence and embezzled it;
B. Around August 6, 2009, at the above partnership office, two million won out of the operating expenses of the above partnership was remitted to D’s bank account under the name of the Defendant’s personal debt repayment against D and embezzled.
2. On June 25, 201, the association’s occupational embezzlement due to the denial of return is in the process of appointing E as a representative liquidator by holding a general meeting of the association around June 25, 201.
The Defendant, as the former president of a partnership, has been in custody in the warehouse of Mapo-gu Seoul Metropolitan Government F apartment, and embezzled the documents related to the partnership, such as the contract for various construction works, official documents, and funds execution, which were produced or transferred from the time of the establishment of the partnership, even though he was demanded by E to return them immediately after the above general meeting, without justifiable grounds.
3. The officers of a reconstruction association violating the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall make stenographic records, audio or video materials and keep them until they are liquidated, in case where a general or principal meeting
Although the Defendant held a general meeting of a reconstruction association at each of the above places on March 5, 2011 and April 10, 2011, the Defendant did not create stenographic records, sound recordings or video materials.
Summary of Evidence
1. Partial statement of the defendant;
1. Witness D and E each testimony;
1. The defendant;