A defendant shall be punished by imprisonment for two years.

103,200,000 won shall be additionally collected from the defendant.

As to the defendant.

Criminal facts

The Defendant has a position as a standing adviser of C Apartment Housing Reconstruction Improvement Project Association (hereinafter “instant association”) organized around May 2012 in order to build a new apartment building of 232 households and officetels 160 units in Nam-gu, Incheon. However, the Defendant is a person who is a member of the instant association, who performs the overall affairs of the instant association and acts as the head of the instant association on the ground that the Defendant’s wife, who is a member of the instant association, is the head of the instant association under his name.

The Defendant, by taking advantage of the position of the actual executor of the instant association, had the Defendant receive money and valuables from the representative G of the E Co., Ltd. (the instant association entered into an implementation agency contract with F Co., Ltd. around June 17, 2013, but terminated the said contract on March 16, 2014, and entered into an implementation agency contract with E Co., Ltd. around May 8, 2014) to receive money and valuables from the Defendant’s H bank account (Account Number: I) around January 8, 2014.

In addition, from January 8, 2014 to July 28, 2016, the Defendant received a total of KRW 13.2 million from those who wish to be selected and maintained as an agent, etc. in relation to the reconstruction and rearrangement project of the instant association, as shown in the attached crime list, on a total of 26 times, as above.

As a result, the Defendant, who is in charge of the instant partnership affairs, acquired property in return for illegal solicitation in relation to his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, J, K, L, M, N,O, P, and Q;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the prosecution with regard to D;

1. A protocol concerning examination of the police concerning L;

1. Each police statement statement made to R, S, M, N, Q, and K;

1. Each statement of T, J,O, P, N, and U;

1. Each investigation report (the C Apartment Housing Reconstruction Association head is D).