Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Criminal facts

Defendant

B was a person who was engaged in the same representative work of the D Apartment 103 Dong from February 1, 2010 to December 31, 2010, and Defendant A was a person who was engaged in the same representative work from January 1, 2009 to December 31, 2010.

The Defendants conspired with each other from January 1, 2009 to December 31, 2010, in order to take charge of the above representative affairs of the 4th apartment complex. Defendant B embezzled it by means of receiving KRW 300,000 as the name of the business promotion expenses for the representatives of occupants on October 29, 2010, and Defendant A, as the name of the business promotion expenses for the representatives of occupants on November 23, 2010 and consuming it for personal use, such as living expenses.

Summary of Evidence

1. Part of each legal statement of witness E and F;

1. Each management rules of collective housing;

1. Application of Acts and subordinate statutes concerning operating expenses of representative councils;

1. Articles 356, 355 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendants received, as the representative, business promotion expenses monthly paid to the representative, retroactively, not embezzlement.

2. Article 28(1) of the above Management Rules amended as of September 20, 207 provides that operating expenses of the council of occupants' representatives may be disbursed by a resolution of the council of occupants' representatives within the limit of 0,000 won per month. Thus, it is necessary for the council of occupants' representatives to make a resolution to pay business operating expenses to the chairperson and his/her representative among the operating expenses. However, there is no evidence to acknowledge that there was an explicit resolution.

The Defendants asserted to the effect that the council of occupants' representatives should have decided to pay KRW 30,00 per month to the same representative by deeming that the monthly business promotion expenses were paid to the chairperson and the same representative from January to July 2009.