207Gohap733 A. Misappropriation Misappropriation

(b) Breach of trust;

1. A. regular ○○

2. Na. ○○

3. Na. ○○

4. B. Domination ○

Prosecutor

By defense counsel and public-service advocates;

Law Firm

May 8, 2008

Defendant 1, 2, 3, 3, 3, 3, 4, 4, and 5, and 5, respectively, shall be punished by imprisonment with prison labor for not less than ten months and by imprisonment with prison labor for not less than six months.

However, from the date of the final judgment of this case, the execution of each of the above punishment shall be suspended for two years for the defendant's regular ○○, for two years for the defendant's gambling, and for one year for the defendant's gambling.

The amount of KRW 14,50,000 from ○○○○, KRW 6,700,000 from ○○○○○, and KRW 1,700,000 from ○○○○, and KRW 1,700,00 from ○○○, respectively, shall be collected.

Facts of crime

Defendant Jung-○ operated a human resources consulting company that assists the establishment of a promotion committee or an association by demanding written consent, conducting surveys, preparing a list of land and a list of its members, etc. against residents in the redevelopment area, etc., and Defendant Lee Dong-○ was working as the chairman of the committee for promotion of the establishment of a redevelopment improvement project for 1,380 lots of land from July 2005 to Incheon, and working as the chairman of the committee for promotion of the establishment of a housing redevelopment improvement project (hereinafter referred to as the "promotion committee, as it is identical with the promotion committee prior to the regular approval," which was approved as the type of the above redevelopment area from December 22, 2006, and the Defendant Lee Dong-○ was working as the chairman of the committee for promotion of the establishment of housing redevelopment improvement project (hereinafter referred to as the "promotion committee") who was approved as the type of the above redevelopment area from

7. From around July 2005, a person who works as a vice-chairperson of the promotion committee, and Defendant Park ○ is a person who works as a general manager of the promotion committee from around July 2005.

1. Defendant 1 ○○○○○○○○○○○○○○ has the name of the owner on the register of Bupyeong-gu Incheon Bupyeong-gu, Incheon, where the principal lives from this○○○○○○○○○○○○○, and thus, in the future, the qualification itself of the members of this○○○○○○○○○○○ could become a problem. Accordingly, upon receipt of a demand to request expenses incurred in changing the name of the said house to ○○○○○○ joint ownership, Defendant 1’s name on the register of this○○○○○○○○○○○○○, located in the promotion committee office located in Bupyeong-gu, Incheon, Incheon, on September 2005, Defendant 1 continued to conduct necessary business with the association, and thereafter, was at a favorable position in calculating service costs, and was able to exercise influence in selecting a specialized management entity for rearrangement projects, and was written in the aggregate of KRW 1,700,000,000,000 from February 16, 2007.

2. On September 16, 2005, Defendant Lee ○○○○ received KRW 1,700,000 from Defendant Jeong○○○○ in receipt of an implied illegal solicitation, such as that set forth in paragraph (1), in relation to the redevelopment and improvement project at the above promotion committee office, from February 16, 2007, from that time, he received KRW 1,2,3,6 through 9,11, and was paid KRW 14,50,00 in receipt of an unlawful solicitation as to his duties on nine occasions, such as the list of crimes in attached Form Nos. 1, 2,3,6 through 9,11, and 14.

3. As to the development and improvement project of the above redevelopment project carried out by ○○○○○○○○○ around September 16, 2005, the Defendant received from ○○○○○○ an implied illegal solicitation, such as that set forth in paragraph (1), and received gold KRW 1,00,000 from 4,10,000 from February 16, 207, from that time, the Defendant received KRW 6,70,000 in total from 3 occasions in response to the illegal solicitation as set forth in attached Table Nos. 4, 10,12, as well as 6,700,000 in total, in response to the performance of his duties.

4. Defendant’s gambling ○

around September 2005, Defendant Park Jong-○ received KRW 1,700,000 in total, in response to the unlawful solicitation as described in paragraph (1) from Defendant Jung-○ in relation to the above redevelopment and improvement project within the above ○○○○○○○○○○○, in exchange for an implied illegal solicitation, as described in paragraph (1), as well as the receipt of KRW 1,00,000 in the name of the memorial staff, on two occasions, as described in Nos. 5 and 13 of the List of Crimes.

Summary of Evidence

1. Statements made by Defendant 2-O in the first trial record;

1. Statement of the witness ○○;

1. Statements made by a witness ○○○, transmitting ○, ○○, and ○○○, among the second trial records;

1. Examination protocol prepared by the defendant 1-○;

1. Partial statement of the suspect interrogation protocol prepared by the public prosecutor on ○○○

1. Statement of the public prosecutor’s preparation and statement concerning ○○, ○○, and ○○○;

1. Statement of statement prepared by the police against ○○;

1. Copy of the pocket book attached to the fourth protocol of suspect interrogation prepared by the police against Defendant 1○; and

1. Investigation report (Attachment of Summary Order);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant Jeong-○: Article 357(2) and (1) of the Criminal Code (a) of each of the Criminal Code provides that each of them shall be subject to punishment for breach of trust, and each of them shall be subject to punishment for breach of trust.)

B. Defendant Lee ○-○, Lee ○-○, and Park ○: Article 357(1) of each Criminal Code (a) of the Criminal Code (the possession of property in breach of trust, each of them inclusive), and each of the choice of imprisonment

1. Aggravation for concurrent crimes;

Defendant Jeong-○: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment specified in the crime of giving rise to breach of trust against ○○○, which is the most severe offense)

1. Suspension of execution;

Considering that ○○○○, ○○, and ○○○○○: (a) each criminal law Article 62(1) of the Criminal Act (including the fact that there is no criminal record for the same kind of crime, the confession of the crime of this case, and the misunderstanding of facts, etc.), considering the fact that there is no previous criminal record, there is no amount received, and there is no amount received, and there is no amount received, nor can it be carried out unfairly in return for the receipt of money; (b) Defendant Park ○: primary crime; (c) there is no amount received, and (d) there is no amount received or received; and (e)

1. Collection;

Defendant ○○, ○○, ○○, and ○○○: Article 357(3) of each Criminal Act

Judges of the presiding judge

Judges

Judges