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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On February 5, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court, and the judgment became final and conclusive on April 23, 2009.
【Criminal Facts】
From August 31, 2005 to January 30, 2009, the Defendant is a C director of the Victim Foundation, which was established for the purpose of diagnosis and treatment of the zero citizens and the purpose of providing community-based medical care services to the citizens, and was in office as a DNA director of the Social Welfare Foundation established for the purpose of various vagabonds support projects, etc. from February 14, 2007.
As a director of the Victim Foundation, the duty of the defendant is to faithfully perform his duties in accordance with the articles of incorporation as a director of the Victim Foundation and to perform his duties with the care of a good manager; the victim Foundation reached about 10 billion won due to failure of the hospital construction project around November 2007; and the provisional attachment of at least 10 billion won in Seoul Guro-gu, Seoul, which is the new site of the hospital of the Victim Foundation, has become a very worse financial situation; thus, in order to dispose of the property owned by the Victim Foundation, there was a duty to review whether the maximum benefits would be the victim Foundation and dispose of the property after obtaining approval from the board of directors.
Nevertheless, the defendant, in violation of the above duties, donated the land owned by the victim foundation to the above D Welfare Foundation, in which the defendant is in office as a director, and as a result, planned that the D Welfare Foundation shall acquire the right to operate the Welfare Center for the Aged, which was planned to build a new building on the F land of Guro-gu Seoul Metropolitan Government in the size of 211 square meters. On November 20, 2007, the defendant agreed to donate approximately 36 square meters of the market price owned by the victim foundation to the D Welfare Foundation without the resolution of the board of directors of the D Welfare Foundation. On November 21, 2007, the defendant agreed to donate the above land in the name of the D Welfare Foundation.