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Defendants are not guilty, and each request for compensation by the applicant for compensation is dismissed.
Reasons
1. Summary of the facts charged
A. The primary facts charged (Occupational Embezzlement) Defendant A is the representative director of the KI regional housing association which was established for the purpose of constructing a new regional housing association apartment in the HH zone in the Hanam-si, and Defendant B is the director of the KJ of the KIB.
The Defendants delegated the affairs of the partnership from the above partnership and performed such affairs as the land work of the site to be constructed, the rearrangement of tenants, the recruitment of partners, the management of partners and the general sale agency.
On October 2006, the Defendants concluded the project implementation agency service contract with the above K real estate trust and received the union expenses and the union members' contributions from the union members while vicariously executing the business affairs of the union, deposited into the account of the K real estate trust designated as the fund management company, and then executed the funds with the payment approval from the above K real estate trust.
However, as the construction of apartment houses has been delayed and the financial situation of the company has deteriorated due to the failure to receive the service payment from the above partnership, the Defendants: (a) had the general public pay 60% of the apartment sale price in advance to acquire the so-called apartment purchase price in the name of the association member; and (b) did not receive the contribution from the association members under the name of the so-called --called ---called ----called purchase-related district for the purchase-sale-related savings deposit; (c)
(1) On September 2007, the Defendants concluded a contract with the victim G who visited in order to terminate the existing shares of the union members by stating that “If 200 million won is paid in advance with the pre-sale payment, the total amount of the pre-sale payment will be 280 million won if the pre-sale payment is made.” The Defendants concluded a contract with the victim on the condition that the pre-sale payment is made.
Defendants are sold from Suwon-si around October 2, 2007.