The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) concluded a land sales contract while having agreed on F and land share swap in an individual capacity as an occupant; and (b) obtained the final benefit therefrom.

① The Defendant did not have any damage to the occupants in violation of his duties as the president of the representative council of apartment occupants of this case, and ② the Defendant intended to purchase the land AJ in Busan (hereinafter referred to as the “Mican-gu”) from AC for KRW 2,50,000,000 per square meter. The Defendant first purchased the above land, and the Defendant purchased the land No. 1 (hereinafter referred to as the “the judgment of the court below”) at KRW 2,50,000 per square meter in lieu of F and AJ land, and ③ the Defendant acquired the land No. 2 without compensation by the Defendant’s spouse and children, taking into account the circumstances that the Defendant had considerable shares in D, there was no illegal solicitation.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in fact.

B. The punishment sentenced by the lower court to the Defendant (one year and six months of imprisonment and additional collection of KRW 390 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the legal principles as seen earlier, the lower court determined that, upon receiving an illegal solicitation from F to the effect that the Defendant, even if impliedly from F, requests convenience for the entire process of apartment construction, the Defendant purchased the instant land No. 1 from F at a price lower than the market price, and that it sufficiently recognized the fact that the Defendant received the instant land No. 2 from F without compensation and acquired pecuniary benefits equivalent to the difference or value thereof.

The decision was determined.

1) In order to newly construct an apartment complex in the vicinity of the instant apartment complex, F is necessarily a resident of the said apartment complex for the purpose of opening access roads.