Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a period of four months.

However, from the date this judgment became final and conclusive, the defendant.

Punishment of the crime

[2016 Highest 4338] Defendant A, who was promoted on October 20, 2014, and 11 lots of land (15,101mm2) in Ulsan-gu, Ulsan-gu, Seoul-do, and Defendant A, was the president of the promotional group of the Ulsan-do District Housing Association (324 households). From May 17, 2015, Defendant A, who was appointed as the head of the said association from May 17, 2015 and was in charge of overall affairs of the said association, such as the selection of a collaborative company of the said local housing project and the management of the property of the said association, had a duty of care as a good manager to perform duties so as not to inflict property damage on the said association, such as maintaining fairness in the selection of collaborative companies and supervising excessive budget not to be disbursed.

On the other hand, on September 16, 2014, the said union entered into an agreement with H (hereinafter “H”) and 300 households to pay the sales commission of KRW 4 million per household unit at the time of sale as a sales agent, and the Defendant agreed to pay KRW 5 million per household unit to H, out of the sales commission of KRW 5 million, on December 1, 2014, after he/she was appointed as the chairperson of the promotion committee. The Defendant entered into a contract for sales agency again with H (hereinafter “J”) at the office of the J (hereinafter “J”) that is the agency agent of the said union located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-gu, to pay to H the sales agency fee of KRW 5 million per household at the time of sale, on condition that ASEAN belongs to H and assist the Defendant in the sales agency business.

Meanwhile, the Defendant did not pay KRW 1,00,000,000 to the above K, from January 26, 2015, the Defendant established L Company, a separate sales agent, the representative of the above K (hereinafter “L”) around January 26, 2015. Around that time, when entering into a separate sales agent contract between the above K and L, the said association should pay the sales agent fee of KRW 2,00,000 per household when selling in lots, while concluding the separate sales agent contract between the said association at his/her own discretion, and the said association entered into the said sales agent contract with L from December 1, 2014.