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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Basic Facts] From February 6, 2013, the Defendant works as the president of the Victim C Association (hereinafter “victim Association”) located in Jeju-si from February 6, 2013, and is a person in charge of overall management of the affairs of the Union.
The victim association promoted D business from the beginning of 2016, and on September 26, 2016, the victim association purchased the above business site from E to 6 billion won or less, or passed a resolution of the board of directors to purchase the F and six parcels from F to 4 billion won or less.
【Criminal Facts】
1. According to Article 43 of the Agricultural Cooperatives Act and Article 49 (1) 7 of the Articles of association of a victim cooperative, matters concerning the acquisition and disposal of real estate for business purposes exceeding 200 million won shall undergo a resolution by the board of directors;
On December 2, 2016, the Defendant was willing to purchase the land of 14, G, and 14, not the land subject to the resolution of the board of directors, as seen above, and the victim H’s director I and the managing J of the Department of Commerce attempted to refer the contents of the purchase of the said land to the board of directors’ agenda around December 13, 2016, and prevented the victim H’s directors from opposing them.
After all, the Defendant, on January 10, 2017, concluded a contract on behalf of the victim H to purchase KRW 2,500,000 from the seller and six other persons on behalf of the seller on behalf of the victim H, and around that time, paid KRW 250,00,00 to the seller with the victim’s budget, and paid KRW 388,980,000 in total to the seller, as shown in the separate sheet, on six occasions until January 24, 2017.
As a result, the defendant, the president of the victim H, was executed without the resolution of the board of directors.
2. The Defendant in breach of trust is the president of the Victim C&C association to acquire real estate for business purposes of at least 200 million won.