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The defendant shall be innocent.
Reasons
1. From March 30, 2011 to March 30, 2011, the Defendant’s summary of the facts charged is the president of the C Housing Redevelopment and Development Project Association, and the officers of the C Housing Redevelopment and Development Project Association, such as the president, etc., have not concluded at will a contract to become a partner, other than the matters
(a) On May 20, 2016, a contract for a business compensation agreement that requires members to pay KRW 24,017,000,000, for business compensation between them, is concluded at will, and
(b) On May 31, 2016, a contract for a business compensation agreement that requires members to pay 5,245,000 won for business compensation between them with E’s spouse F, is concluded at will;
C. On June 9, 2016, a business compensation agreement was concluded to pay KRW 2,033,333 of business compensation between the members’ spouse H with the members’ spouse G H at will.
2. The lower court determined as follows: ① Articles 85 subparag. 5 and 24 subparag. 3 subparag. 5 of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (amended by Act No. 13912, Jan. 27, 2016) provide that a contract to become a partner shall not be concluded arbitrarily, except as otherwise provided for in the budget, except as otherwise provided for in the budget, unless otherwise provided for in the budget, 5.5 billion won was included in the partnership budget in 2016; ② A business compensation agreement entered into with D, F, and H was all included in the list of business compensation items; ③ After the conclusion of the instant contract, the business compensation agreement entered into with D, F, and H included in the facts charged, and the general meeting’s resolution was adopted from January 19, 2017 to 200 days after the conclusion of the instant agreement.
6.9. Contracts to be borne by members, other than those as determined by the budget.