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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A is the chairperson of the "G Residential Self-Governing Council" established for urban development by residents residing in the F-One greenhouse village without permission (the name "G"), and Defendant B works as the vice-chairperson of the above G G Residential Self-Governing Council from June 2005 to January 2010.
On November 15, 1999, the G Residents' Self-Governing Council entered into an agreement with the representative I of H, a company implementing G development projects, to bear the obligation to verify the housing sale eligibility (the qualification to purchase an apartment after residing in the lease for five years after urban development and paying the actual construction cost) in connection with the urban development project, and accordingly, was delegated by I to select the occupants.
In addition, according to Article 5 (2) of the Rules of the G Residential Self-Governing Council, even if a person is registered in the resident registry, the person is disqualified if he is discovered to be an outside resident or an acting resident. As such, the Defendants, who are the executive officers of the G Residential Self-Governing Council, have a duty to leave the speculation to protect the actual resident of G and to select the actual
Nevertheless, the Defendants received property in exchange for an illegal solicitation on two occasions as follows.
1. Around October 2007, Defendant B received a solicitation from the J to “to further recognize the membership eligibility of KRW 200,000 from the person who requested the payment of KRW 200,000,000,000 from the J, and Defendant A received a total of KRW 200,000,000 from the J as a deposit account in the name of Defendant A, in collusion with a third party, other than the actual residents of G, such as the transmission of the above contents from the said B, etc., to recognize the membership of the housing unit, and in return for the payment for membership qualifications.
As a result, the Defendants conspired to obtain KRW 200 million from the J in return for an illegal solicitation in relation to their duties.
2. The Defendants were on March 2, 2008 from JJ.