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Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.
but for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant A, “2018 Gohap31 (Defendants)” from November 22, 2008 to February 15, 2016, Defendant A, as the head of an E Union established for the purpose of “D business” on the 680 parcel of land in the city of Sejong-si (hereinafter “victims Association or the instant Association”) and was in the overall control of the business affairs of the Association. Defendant B, from January 16, 2009 to September 4, 2015, is a person who assisted the head of the Association and was in charge of the affairs of the execution of the funds of the Association.
The Defendants conspired to:
1. On August 22, 2013, at the instant association office located in the Simk-si, G representative director H of G Co., Ltd., made a separate implementation agreement to the effect that “B shall pay B the development recompense amounting to 2,000 square meters as compensation for the funds that have been donated and invested for the said business,” in return for concluding an entrustment contract related to the implementation of the said business, upon receiving a request from H to the effect that the said business will be selected as an executing agent with respect to the implementation of the business of the said association, and that H will receive from the executing agent for the said business.”
2. On January 16, 2009, Defendant B decided to take charge of the business affairs of the pertinent association with no remuneration at the time of appointment as executive director of the victim association. Thus, in order to pay benefits to Defendant B, an executive officer, despite the existence of a business duty to be paid after obtaining approval of the board of representatives pursuant to the articles of association of the association, Defendant B paid at will the sum of KRW 130,100,000 from May 6, 2010 to August 4, 2015 without undergoing the procedure under the provisions of the said association, thereby obtaining property benefits equivalent to that amount, and thereby incurring property damage to the victim association.
The E Association of 2018 Gohap32 (Defendant B) (hereinafter referred to as the "victim Association") shall be around December 200.