A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On November 6, 2015, the Defendant was sentenced to a suspended sentence of two years on October 14, 2015, and the above judgment became final and conclusive on the 14th of the same month.

[Presumption Facts] On February 21, 2014, the Gyeong-do Development Corporation publicly announced that the neighboring daily sites of the Da members of the Gyeong-dong and Gyeong-gun, Chungcheongnam-do will be supplied to "a non-corporate association in the form of an unincorporated association consisting of persons selected and notified as persons eligible for the provision of the E-living site." The Defendant collected 13 members including the victim F and appointed H as the head of the association under the name of H by opening the inaugural general meeting of the G association on March 17, 2014. The Defendant, as the head of the above association, was entrusted with the duties of entering into a sales contract for the site for the development of the Gyeong-do and neighboring residential facilities, receiving the association's expenses and contributions, and managing the purchase price.

On May 9, 2014, the Defendant: (a) purchased money from the Gyeongbuk-do Development Corporation to purchase KRW 310,230,00,00 for the land for the E-Gun living facilities (hereinafter “the instant land”); and (b) concluded a sales contract for the land for neighborhood living facilities with the content that KRW 31,023,000 for the first intermediate payment and KRW 93,069,000 for the first intermediate payment and KRW 93,000 for the first intermediate payment until September 9, 2014, until January 9, 2015, KRW 93,069,000 for the remainder payment until January 9, 2015, KRW 93,000 for the land for settlement of accounts.

[2] In light of the above facts, Defendant 1 received delegation of duties such as entering into a contract for the purchase and sale of land for facilities adjacent to the Gyeong-do Development Corporation, receipt of contributions to purchase and payment of the purchase price, and management, Defendant 2 was obligated to pay the purchase price for the instant land from members to the Gyeong-do Development Corporation.

On May 7, 2014, the Defendant received KRW 7,159,200 from the Victim F to the Agricultural Cooperative Account (I) in the name of H as a contribution to the purchase price for the instant land (the first intermediate payment).