A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Basic Facts] From May 2007 to June 2016, the Defendant took overall charge of the overall management of officetels as the manager of the victim Btel management body composed of the sectional owners of Btel in Mapo-gu Seoul Metropolitan Government, and engaged in the business of storing, managing, and executing management expenses, reserves for long-term repairs, player deposits, etc. deposited in the account in the name of the victim from the sectional owners or occupants of the above officetels. As such, the victim’s manager is a person who manages the victim’s property affairs, there was a duty to appropriately operate and manage management expenses and other funds created for the management of the above officetels and use them for the victim.

【Criminal Facts】

1. Around May 2007, the Defendant, while working as the custodian of the victim, had the victim keep the long-term repair appropriations, player deposit money, etc. deposited in the account in the victim’s name for the purpose of keeping the said money for the victim. Unlike the limited purpose of use, he had the Defendant used the said money for his personal loan principal and interest repayment, etc.

The Defendant received 23,528,381 won of the long-term repair appropriations in the name of a victim (E) opened separately for the purpose of preserving and managing the long-term repair appropriations from C, who has kept 23,528,381 won of the long-term repair appropriations until May 10, 2007, and deposited 23,528,381 won of the long-term repair appropriations in the name of the victim separately established for the purpose of preserving and managing the long-term repair appropriations from around February 201 to January 201, the Defendant received the money of the nominal long-term repair appropriations in the name of the victim (F, G), and from February 201 to June 2016 from around February 2011 to the victim’s bank account (H), respectively, in the course of business.

The long-term repair appropriations shall be used for the replacement, repair, etc. of major facilities of deteriorated officetels.