A defendant shall be punished by imprisonment for not less than one year and six months.

390,000,000 won shall be additionally collected from the defendant.

As above, the defendant.

Punishment of the crime

From January 1, 2013 to December 31, 2014, the Defendant, as the president of the council of occupants representatives of the residents of Busan Seo-gu C (hereinafter “instant apartment”) 246 households, was in charge of the overall affairs for the rights and interests of the said apartment residents.

The Defendant entered into a contract with approximately 146 households of the apartment of this case, which is about 54% of the right to share in the area of Busan, Sho-gu D (hereinafter referred to as "Mho-gu") in Busan, which is owned by the residents of the apartment of this case, and about 54% of the right to share in G, H site, which is owned by the F Co., Ltd. (hereinafter referred to as "F"), and entered into an exchange with the right to share in G, H site, and was in charge of consultation on damages related to noise and dust due to the construction of F's apartment site

In this case, the defendant, as the chairperson of the tenant representative council, has a duty to perform duties in order to protect the interests of the occupants to the maximum extent.

Nevertheless, as desired by F, the Defendant helps to exchange 1:1 shares and to reach an agreement on compensation for damage with a view to taking pecuniary profits in relation thereto.

Around July 27, 2013, the Defendant drafted a written agreement with F to the effect that “The mutual equity interest shall be exchanged at the rate of 1:1, F to install parking lots, road construction, etc., and instead do not file any civil petition regarding F’s apartment construction” (hereinafter “instant agreement”).

In the process of the agreement as above, the Defendant sought a demand for exchange of equities of 1:1 as desired by F, and took advantage of the executive officers of the occupant representative meeting to waive the installation of the air conditioner required by the initial occupant, etc., and the Defendant did not change convenience for F’s overall process of apartment construction, including the case of such support and the conclusion of an agreement on exchange of equity rights, to be executed individually with the residents in the future.