Defendant

A shall be punished by imprisonment for seven years.

Defendant

B The summary of the judgment of innocence as to Defendant B is not guilty.

Punishment of the crime

Defendant

A worked as a member of the H Committee claiming that a church meeting should be organized and the church should be normalized, such as gathering the church properties from the sphere of the F Educational Association (hereinafter referred to as the "School").

G He around December 28, 2005, entered into a contract with the victim I to sell the church site equivalent to 13,345 square meters (4,036 square meters) of the purchase price to 2,50,000,000 won (6,200,000,000 won per square), and then to additionally sell 442 square meters of adjoining land (1,34 square meters) around March 206, he/she determined the total purchase price of the site as KRW 6.5 million per square day and KRW 2,80,000,000 for total purchase price as down payment by the victim twice.

However, as a result of having a claim related to the sale of church site from the church believers who became aware of such fact, G pastor rejected the return of the down payment and the rescission of the contract with the victim by asserting that it was impossible for the victim to prepare the intermediate payment, thereby resulting in a dispute with the victim.

On the other hand, since around 2006, Defendant A et al. filed a complaint against G pastors for the suspicion of embezzlement, etc. of church property. Defendant A did not need to recover the church property in fact without any intention to recover the church property. In order to trade the church site, Defendant A, who was not a representative of the church, did not have the right to participate in the resolution process of the church or the authority to participate in the resolution process. Thus, Defendant A et al. did not have the ability or intent to perform the sales contract for the church site to the victim.

Nevertheless, Defendant A, by taking advantage of the dispute between the victim and G pastor, exercised a decisive influence on the process of handling the case in which the victim filed a complaint against G pastors at the Sung-nam Branch of the Suwon District Prosecutors' Office, etc., and let the prosecution conduct G.