A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant represented by E, who is a member of the D Association in Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as the “Association”), and on behalf of the above Emergency Countermeasure Committee, took charge of cash settlement and distribution of liquidation amount of real estate owned by the union and emergency countermeasure committee members.

On August 21, 2010, the Emergency Countermeasure Committee decided to accept a proposal for the settlement of cash worth of KRW 13.5 million on or around August 21, 2010. On August 28, 2010, the Committee decided to agree on the settlement of cash worth of KRW 15,385,00,000 for the total size of 3,760 square meters owned by the union and the members of the emergency countermeasure committee. The Committee decided to specify the settlement of cash for each non-emergency measure member and to take measures such as expulsion from the Emergency Countermeasure Committee for those non-emergency measure members who refuse to consent to the sale of individual cash.

On September 15, 2010, the Defendant: (a) the sum total of the cash liquidation amount for all members of the Emergency Countermeasure Committee was KRW 16,378,856,00,000; (b) the individual cash liquidation amount was agreed to self-resolution by the Emergency Countermeasure Committee; and (c) on December 11, 2010, with the approval of the said Committee’s general meeting on February 25, 2011, the final agreement was reached on KRW 16,378,856,000, total sum of cash liquidation for all members of the Emergency Countermeasure Committee; and accordingly, (c) the cash liquidation amount for all real estate owned by the emergency Countermeasure Committee members was increased by KRW 93,856,00,00, more than when the agreement was reached on August 28, 2010.

As a de facto representative of the Emergency Countermeasure Committee, the Defendant was fully aware of the details of the agreement on the settlement of cash with the union and the details of the meeting of the Emergency Countermeasure Committee, by leading the negotiations with the union and the Emergency Countermeasure Committee meetings, and therefore, the Defendant should immediately inform the whole members of the Emergency Countermeasure Committee of the increased amount of cash settlement, and shall equally distribute the increased amount to 30 members of the Emergency Countermeasure Committee.