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Defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding 150 million won.
The defendant does not pay the above fine.
Reasons
Punishment of the crime
1. An I Housing Redevelopment and Improvement Project Association (hereinafter “I Redevelopment Association”) is a corporation established for the purpose of improving the urban and residential environment by removing a marity of 31,99m2 in Seoul, Dongjak-gu, Seoul and constructing new buildings, such as new apartment units 471m2 on the site.
From February 28, 2012, the Defendant was in office as the head of the I Redevelopment Partnership and was in general in charge of overall affairs of the partnership. K is a managing director of L Co., Ltd. (hereinafter “L”) who is a removal company, and is in charge of business, etc. to give orders for removal works, etc. from I redevelopment Partnership. M is the president of L, who is in general in charge of overall affairs of the said company.
I selected L as a removal company around October 30, 2009, and entered into a contract for relocation management and removal of the contract amount of KRW 2.21 billion around November 27, 2009 and remainder disposal construction.
2. On February 28, 2012, after the Defendant assumed office as the president of the I&D partnership on February 28, 2012, the Defendant entered into a request from K to increase the construction cost due to the relocation and removal period longer than the expected relocation and removal period, and “a request to increase the construction cost of the existing removal contract” and “a request to allow additional construction works.” On March 20, 2014, the I&D entered into a contract on the change of the I&D construction cost, which increases the balance of the existing removal contract by KRW 56 million, around March 20, 2014.
In addition, on October 8, 2014, I entered into an “O construction contract” with N Co., Ltd. and the contract amount of KRW 5.775 million, and entered into an additional contract with L on October 17, 2014 with L to “land expropriation service contract” equivalent to KRW 49.5 million.
In such a situation, the Defendant from springing around 2014 to M and K “the funds necessary for the operation of the partnership.”