Defendant

A and C shall be punished by imprisonment for two years, and by imprisonment for four years, respectively.

However, as to Defendant A, this shall not apply.

Punishment of the crime

The Defendants were the members of the victim D clan (hereinafter “victim clan”), and Defendant A was the vice-chairperson of the victim clan from around 2008 to around 2016, Defendant B was the victim’s chairperson from around 2008 to around 2016, and Defendant C was the head of the victim’s clan from around 2008 to around 2016. Defendant C was the head of the victim’s clan from around 2008 to 2016.

Since the defendants around around 2009, as the officers of the victim clan have been entrusted with the business of purchasing real estate for the clans, there was a duty to purchase real estate at a reasonable trading price agreed with the seller in purchasing real estate.

Nevertheless, the Defendants, in violation of their duties, demanded that the broker or the seller of the contract prepare the sale price in an abnormal amount higher than the actual seller's payment, and conspired to receive a refund of the difference under the pretext of receiving the difference against the Defendants.

1. On February 21, 2009, Defendants related to the purchase of four lots of land, such as Kuju-si E, purchased the real estate from the “Certified Judicial Scriveners G office” located in the Hanju-si F, and the “four lot of land, such as Kuju-si E,” from the seller H, and consented from the broker I to the offer that “if the transaction has a sex, it shall have a high cost.”

Accordingly, the broker I entered into a contract with the seller in addition to the amount of 50 million won to be returned to the Defendants in fact, and the sale price in the contract is KRW 630 million.

When the defendants paid the above purchase price from the victim's clan around February 24, 2009, the defendants returned 50 million won out of the purchase price paid to the above seller from the above seller as the broker I.

Accordingly, the Defendants acquired property benefits equivalent to KRW 50 million and suffered damages equivalent to the same amount as the clan of this case.

2. On July 5, 2009, Defendants purchased two lots of land, such as the Hanju-si J, etc. G. Judicial scrivener G around July 5, 2009.