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

Punishment of the crime

From January 2007 to December 2014, the Defendant entered into a joint agreement on the construction of B apartment buildings between the victim of the engineering work chain (hereinafter referred to as “victim”) C (hereinafter referred to as “victim”) under the said association’s name and around March 2012, the Defendant, as the president of the B apartment building association in the special self-government of Sejong, concluded a joint agreement on the construction of B apartment buildings between the victim of the engineering work chain (hereinafter referred to as “victim”) and the victim company, and managed the expenses, such as the purchase cost of the apartment site and the association operating expenses, by being provided by the Defendant’s personal account.

1. On March 21, 2013, the Defendant: (a) received a request from the victim company that is a joint business proprietor of a cooperative to purchase the right to purchase the unclaimed housing site (tentatively named “presidential area”) from the victim company to secure the number of its members; (b) received transfer of the purchase deposit amount of KRW 50 million through the bank account of D; and (c) embezzled arbitrarily consumed and embezzled for non-commercial purposes around that time.

2. On April 19, 2013, the Defendant requested that an adviser F of the victim company, a joint business proprietor of the cooperative, be in need of a prompt supply of apartment site, and embezzled by voluntarily consuming KRW 100 million for the purpose of the Defendant’s repayment of the Defendant’s debt, etc., while receiving transfer of KRW 100 million to the H bank account of G on the 19th of the same month in the course of business.

Summary of Evidence

1. Legal statement of the witness F in the third public trial record;

1. To state the witness I's partial statement in the second public trial protocol;

1. Two-time protocol concerning the examination of the accused by the prosecution (the part concerning the testimony by the court);

1. Two-time suspect examination protocol against the accused (F part of the statement);

1. Statement made by the prosecution with regard to I andK;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 of the Criminal Act and Article 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.