1. The defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for eight months;

2. However, two years from the date of pronouncement of this judgment.

Punishment of the crime

[Status of the Defendants] From March 1, 2003 to November 9, 2005, Defendant A works as the president of the G Foundation located in Dongjak-gu Seoul Metropolitan Government FG, represent the said Foundation, and takes charge of the operation, management, etc. of the said Foundation. Defendant B works as the chief of the business of the said Foundation from March 1, 2003 to November 1, 2005, and as the chief of the secretariat of the said Foundation from November 10, 2005 to the date, and is a person in charge of overall affairs of the said Foundation.

[2] According to Article 14 of the Articles of Incorporation of the G Foundation, an executive other than a standing director shall not be paid remuneration.

However, it is prohibited to pay remuneration for non-standing officers by providing that the compensation for actual expenses is excluded, and Defendant A has served as the chief executive officer. As such, the Defendants, the chief executive officer and the chief executive officer of the above Foundation, have the duty to faithfully endeavor for the interests of the foundation by deciding to the maximum benefits of the foundation to the extent that it does not violate the above provision, in carrying out business affairs such as the payment of expenses and accounting.

Nevertheless, in violation of such duties, the Defendants conspired to pay to Defendant A, the president of the Victim G Foundation, for each month the amount of money under the pretext of carrying out his duties, and committed the following crimes.

In other words, at the office of the above foundation around March 25, 2003, the defendants conspired to pay KRW 1 million per month for the performance of duties to the defendant Eul, and the defendant Eul paid KRW 1 million per month for the performance of duties to the defendant A by preparing and approving a written resolution for payment of KRW 1 million to the defendant Eul, and the defendant Eul paid KRW 171,50,000 from March 25, 2003 to November 13, 2015 to the defendant A for the performance of duties, thereby allowing the defendant A to obtain property benefits equivalent to the above amount.