Text
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A, as the representative director of a social welfare foundation E-child care center, has overall control over the affairs of the corporation on behalf of the corporation, and preside over the resolution procedure on the election of executives as the chairperson of the board of directors, and the appointment and dismissal
When selling the fundamental property of the above social welfare foundation, the defendant should obtain permission from the competent authority, and when dissolved, the remaining property should be donated to the social welfare foundation having a similar purpose with the permission from the competent authority, or reverted to the local government, and so it is impossible to sell the above social welfare foundation, the defendant received money from F with the knowledge that F intended to take over the above social welfare foundation, and received money from F and elected as the representative of the above social welfare foundation.
On November 2006, the Defendant received the unjust solicitation that F would be appointed as the representative director of the above social welfare foundation E-care center located in Gwangjubuk-gu, Gwangju, and that F would be appointed as the head of the above social welfare foundation, and that F would receive KRW 50 million around November 8, 2006, KRW 150 million around November 30, 2006, KRW 170 million around December 29, 2006, KRW 50 million around December 29, 2006, KRW 50 million around January 19, 2007, KRW 140 million around January 31, 2007, KRW 650 million around January 31, 2007.
2. Defendant B, as the representative director of the Social Welfare Foundation I (J Child Care Center), was responsible for the overall affairs of the corporation on behalf of the corporation, and preside over the resolution procedure on the election of the board of directors as the chairman, and the appointment and dismissal of the head of the facility
When the defendant sells the fundamental property of the above social welfare foundation, he shall obtain permission from the competent authority, and when the defendant is dissolved, he shall donate the residual property to the social welfare foundation having a similar purpose with the permission from the competent authority, or belong to the local government, and thus it is impossible to sell the above social welfare foundation.