A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant, as a deputy head of E’s production department located in Gyeong-gun, Gyeongnam-gun, is in charge of the construction machinery operation in the above company E’s manufacturing department, the Defendant was in charge of the management of fuel incentives and miter C’s inventory and the request for orders.

On January 5, 2013, the Defendant received an illegal solicitation from F Company F’s business vice head G who supplied mit C oil to the above company, to the effect that even if there is a problem in oil supplied by F Company F while maintaining transaction relations with F Company F and providing convenience in a favorable direction to F Company F Company even if there is a problem in oil supplied by F Company F, and received transfer of KRW 200,000 to the Nonghyup Bank Account (H) account opened in the name of the Defendant around January 5, 2013, and received from that time up to October 5, 2016, a total of KRW 47,100,000 from that time, as shown in the separate crime list, from around 48 times.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Statement made to I by the police;

1. Details of banking transactions;

1. Application of Acts and subordinate statutes to an investigation report (verification of the result of disposition on a case related to reference G);

1. Article 357 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under the latter part of Article 357 (3) of the Criminal Act; and

1. The scope of punishment by imprisonment: One month to five years;

2. Scope of the recommended punishment according to the sentencing criteria: Six months to one year.

(a) Determination of type: Type 2 (not less than KRW 30 million, but less than KRW 50 million) of taking property in breach of trust; and

(b) Special sentencing factors: The victim who requested the handling of affairs (the person who requested the handling of affairs) is not subject to punishment (the mitigated factor).

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: Imprisonment with prison labor for 8 months and suspended sentence for 2 years and the defendant with prison labor for about 47,100,000 won in total over 3 years and 9 months, and thus, the sentence shall be deemed to be minor;

It is difficult to see it.

(b).