A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant, from November 13, 2015 to April 28, 2017, is the head of the C Urban Development Project Association (hereinafter referred to as the “instant association”) and represent the association, exercise overall control over the affairs of the association, and hold concurrent offices of the association’s board of directors and the chairperson of the board of representatives.

1. Article 14 of the articles of association of the instant association provides that “The association may pay remuneration to the president, full-time director, and paid employees of the association, following a resolution of the board of representatives.” Thus, the defendant must undergo a resolution of the board of representatives to receive remuneration, etc.

Nevertheless, around December 11, 2015, the Defendant received KRW 12,80,000 per month from the “D” entrusted private person who entered into an entrustment contract with the instant association and the Urban Development Project Association’s implementation right to enter into the account in the name of the E bank account in the name of the association’s operating expenses and embezzled the amount of KRW 4 million to the Defendant’s E bank account in the name of the head of the association around December 24, 2015, under the business custody of the damaged association for the said association, the Defendant received KRW 12,80,000 per month from the “D” who entered into the entrustment contract with the instant association and the urban development project association’s operation expenses, and embezzled it by using the personal debt repayment, etc. around that time.

2. On August 10, 2016, the Defendant in occupational breach of trust executed union expenses for the benefit of the said union on the part of the victimized person, and the Defendant spent union expenses in accordance with a resolution of the board of directors on the budget of union expenses and the execution of ordinary business affairs, despite the occupational duty to spend union expenses according to the resolution of the board of directors, in violation of such duty, and without the resolution of the board of directors, in order to discharge the Defendant’s personal obligation to H, a joint representative of the instant association, from the E bank account under the name of H (F) to the I bank account in the name of H in order to discharge the Defendant’s personal obligation to H.