Defendant

A and B shall be punished by imprisonment with prison labor for one and half years, and by imprisonment with prison labor for two years.

However, the defendant A and B.

Punishment of the crime

Defendant

A is the president of the I Association (hereinafter “instant association”) comprised of 426 members of the regional association apartment units scheduled to be constructed in H and 243 parcels, Defendant B is the representative director of the J (hereinafter “J”), the executing agency of the said apartment unit, Defendant C is the prop worker who is delegated by J to purchase the instant apartment site, and K is the actual operator of J.

Defendant

A is a representative delegated by a member of the instant association with the said apartment building construction project, and is responsible for the duty to make the said apartment building construction contract at a normal price, use and manage the property of the association in accordance with its use, and pay the purchase price higher than the agreed sale price with the prop, thereby allowing the association members to bear any additional expenses other than the contribution.

K and Defendant B shall bear occupational duties to properly use and manage the assets of the said association together with Defendant A in accordance with their original purposes in implementing the said apartment construction project as a staff member of the J who was delegated by the said association with the overall implementation of the said apartment building, including purchase of land for the construction of the said apartment.

The Defendants, along with K, resolved to receive money in excess of the actual transaction amount from L Co., Ltd. (hereinafter “L”) managing the assets of the said association, the victim of the said apartment building by infusing the purchase price for the land to construct the said apartment building.

Defendant

C In September 2007, at the office located in Hanam-si, Hanam-si, Hanam-si, the sales contract was concluded by setting the amount of KRW 2,600,000 with P as the owner of 168 square meters of N site and the amount of KRW 2,60,000.

Defendant

A and B, in violation of the above duties on September 7, 2007, shall prepare an application for withdrawal in which KRW 3,100,000,000 is stated as the purchase price of the above land at the above office around September 7, 207, and shall be the contractor.