Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

From July 7, 2007 to May 17, 2010, the Defendant, as the representative director of the social welfare foundation D located in Busan Shipping Daegu C, has overall control over all the tasks such as compilation of budget, maintenance and repair of buildings, personnel management, etc.

1. Where a social welfare foundation that violates the Social Welfare Services Act intends to sell, donate, exchange, lease, provide security, or change its use with respect to fundamental property, it shall obtain permission from the Minister of Health and Welfare

Nevertheless, the Defendant, without obtaining the above permission from September 4, 2007 to May 17, 2010, leased 33 square meters of the 1st floor of the D building, which is the fundamental property of the said social welfare foundation D, to the (ju) E, in which the Defendant was the representative.

2. The articles of incorporation of a social welfare foundation D for a victim of occupational breach of trust stipulates that when intending to lease the fundamental property of the victim, a prior permission from the competent authority shall be obtained through a resolution of the board of directors, and the defendant, as a representative director of the victim, has a duty to manage the fundamental property of the victim as a good manager, but the defendant violated the duty to manage the fundamental property of the victim as a good manager and thereby, in order to promote the personal interests of the defendant, he/she leased 33 square meters of the basic property of the victim

Accordingly, the Defendant acquired property benefits equivalent to the rent of 33 square meters out of the 1st floor of the victim's building, where the market price is unknown during the above period, and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. A written accusation;

1. D on-site photographs;

1. Results of guidance and inspection conducted by social welfare corporations;

1. Application of Acts and subordinate statutes on a real estate lease contract;

1. Article 53 subparagraph 1 of the relevant Act on Criminal Facts, Article 23 (3) 1 of the Social Welfare Services Act (a lease of basic property), Articles 356 and 355 (2) of the Criminal Act, the selection of fines, respectively;

1. Aggravation for concurrent crimes;