Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

From January 1, 201 to December 31, 2014, the Defendant: (a) while working as the president of the Gwangju Mine-gu council of occupants’ representatives; (b) while managing and keeping the monthly operating expenses of the council of occupants’ representatives, the Defendant embezzled KRW 5,690,000 in total 15 times from September 5, 201 to December 31, 201 by arbitrarily using the same method as indicated in the list of crimes in the attached Table, including withdrawing and arbitrarily using F meetings from “E” located in Gwangju Mine-gu D around April 9, 201 to arbitrarily use KRW 5,50,000,000 in total, from that time until September 5, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The prosecutor's statement concerning G;

1. Investigation report (Attachment of the apartment management rules, operating rules, and operating rules);

1. Minutes of the ordinary general meeting in August 2015, and each apartment management covenant ( December 2008, June 2013);

1. Application of the Acts and subordinate statutes governing cash withdrawal;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although it is recognized that operating expenses of the council of occupants' representatives are used as stated in the facts constituting the alleged crime, this constitutes expenses for facilitating community life under Article 32 subparag. 5 of the C Apartment Management Rules (hereinafter “Management Rules”) or meal expenses necessary for the meeting under Article 6 subparag. 4 of the Regulations on the Use of Operating Expenses of the council of occupants' representatives (hereinafter “Use Regulations”). It does not constitute embezzlement.

2. Relevant provisions;

A. The relevant provisions regarding the operating expenses of the management rules were amended as follows:

1. Article 35 (1) of the Act on November 2008 (1) The council of occupants' representatives may establish regulations on the payment of operating expenses of the council of occupants' representatives necessary for performing its duties and the amount thereof.

Article 35 (1)

4. At the time of meetings;