397,000 won shall be additionally collected from the defendant.

The facts charged of this case.

The defendant is a D employee who performs supervisory duties for electrical construction while serving in E-Distribution Team, etc.

On June 6, 2009, the Defendant received golf 160,000 won in return for the illegal solicitation that she would be able to receive electrical construction from H by the representative director of G (G) from the F located in Heung-gu, Young-gu (hereinafter “G”) in return for the receipt of the electrical construction from H.

In addition, from June 6, 2008 to March 31, 2010, the Defendant received total of KRW 397,000 and amount of entertainment from the above H five times as indicated in the “amount received” column Nos. 5, 6, 7, 9, and 12 attached Table of Crimes.

As a result, the defendant acquired property benefits in return for an illegal solicitation in relation to his duties as a person who administers another's business.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness H in the court;

1. Examination protocol of the accused by prosecution;

1. Answers through a copy of the A-related contract agreement and cooperation in investigation;

1. Application of Acts and subordinate statutes to investigation reports (Evidence data, such as A business log, and work status data);

1. Relevant provisions of the Criminal Act and Article 357(1) of the Criminal Act (including the choice of fines and the sequences 5 and 6 of the list of offenses), each of which is applicable to the facts constituting an offense;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the concurrent crimes with the punishment stipulated in the sequence 5 and 6 of the list of crimes in breach of trust, which are the most severe crimes);

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(1) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence);

1. Although the summary of the Defendant’s assertion of determination as to the assertion of the Defendant and his/her defense counsel under the latter part of Article 357(3) of the Criminal Act was a fact that the Defendant received entertainment as stated in H, it does not receive it in return for an illegal solicitation.

2. Determination

A. In the crime of taking property in breach of trust, an illegal solicitation is against social norms or the principle of good faith.