A defendant shall be punished by imprisonment for six months.

Criminal facts

The Defendant, from November 1, 2014 to October 15, 2015, was in office as the chairperson of the Promotion Committee for the Establishment of Housing Reconstruction Project Association for the Victims of Apartment Buildings B in Yeongdeungpo-gu Seoul Metropolitan Government, and was in office as the chairperson of the Promotion Committee for the Establishment of Housing Reconstruction Project Association, and the victim is an organization formed by the said apartment owner C and 328, the said apartment owner, to establish an apartment reconstruction association.

On December 30, 2014, the Defendant received KRW 65,338,103 from the former president D to the account of the Defendant’s name of the Defendant and kept in custody for the victim. On January 15, 2015, the Defendant withdrawn KRW 10 million from January 15, 2015 and used it for personal purposes.

From around that time to June 29, 2015, the Defendant consumed KRW 62,374,060 in total by the same way at the 25 times in Seoul Metropolitan City, such as the list of crimes in the annexed crime list, according to mind, the Defendant spent KRW 62,374,060 in personal use, such as the repayment of borrowed money.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Account transactions (A bank E in the name of Korea);

1. Application of Acts and subordinate statutes to the chairperson and underwriter of the promotion committee;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) (including comprehensive) of the Criminal Act concerning criminal facts, the grounds for sentencing of sentence of imprisonment with prison labor;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area ( April to one year and four months) of the crime of embezzlement (the amount of less than 100 million won) (the person subject to special sentencing).

2. Determination of sentence (6 months of imprisonment) of the crime of this case is that the defendant faithfully establishes an association as the chairperson of the Promotion Committee for the Establishment of Housing Reconstruction and Improvement Project Association, and uses the operating funds in a transparent and fair manner, but rather, it is not appropriate to commit the crime in light of the mode of the act and the amount of embezzlement, etc. by consuming the operating funds for personal purposes, and the crime of this case is not committed until now.