A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

Defendant

A From April 1, 2011 to operate E-related commercial buildings on the first floor of the Seoul Jung-gu Seoul Metropolitan Government D Building, is engaged in the business of performing the overall affairs of the above operation conference as the chairperson of the victim's "E-Operation Association" organized by the main owners as its members. From April 1, 201 to February 1, 2012, F was engaged in the business of managing the fund entry and withdrawal of the operation conference as the above management personnel of the operation conference from April 201 to February 2012.

The Defendant, at the office of the above Operational Meeting located on the building around December 30, 201, provides that the application of retirement allowances to the employment contract made between the above Operational Meeting and the above F shall begin to apply from one year for the number of days of continuous service. As such, even if the working period exceeds one year, retirement allowances shall be paid only when the working period is at least one year, and the interim settlement of retirement allowances is made by anticipateing that the working period should be at least one year, there was a duty to receive return of the already paid retirement allowances if the working period is at least one year.

Nevertheless, on April 22, 2011, the Defendant paid KRW 911,460 as retirement allowance to F, who was employed on April 2, 201 in violation of his/her occupational duty, and for whom the period of service has not yet been nine months, with the funds of the above operating conference, and even though F, he/she embezzled funds of the operating conference and retired from office on February 2, 2012, the Defendant returned the amount of embezzlement to G, who is an employee in charge of accounting, even though the period of service has not less than one year.

“The instructions were given.”

As a result, the defendant obtained the above F from the above F 91,460 won property benefits and suffered property damage equivalent to the same amount from the above Operating Council.

Summary of Evidence

1. Each protocol concerning the examination of the accused by the prosecution (including H and G part of the statement);

1. The witness H and G respective legal statements;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the prosecution with regard to H;

1. Application of Acts and subordinate statutes to the settlement of accounts of employee retirement allowances and the submission of evidentiary documents (Evidence Records No. 356-359 of the Evidence Record) in 2011;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;