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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a member of the Green Traffic Association, an incorporated association.

around May 2016, the Defendant drafted the “Agreement on Production of Placards and Administrative Fines” with the victimized Company E affiliated F, Inc., Ltd., and produced and supplied banner to the victimized Company by the Green Traffic Association, a corporate body to which the Defendant belongs, and installed the banner to pay the fine on behalf of the victimized Company when the fine is imposed on the victimized Company.

The written indictment states that “if an administrative fine is imposed on the victimized company, to ensure that the administrative fine is not imposed or mitigated upon request of the public official in charge of the administrative fine.” However, as examined later, the evidence submitted by the inspection alone is insufficient to recognize that the Green Traffic Association, a corporate body to which the defendant belongs, receives the contract price for the production of banner and the contract price for the administrative fine contract from the victimized company under the pretext of solicitation to the public official in charge of the administrative fine, and there is no other evidence to acknowledge it. Therefore,

However, in fact, the defendant did not have the intention or ability to pay a fine for negligence on behalf of the victimized company.

As such, the Defendant: (a) by deceiving the victimized Company’s former business of F, and thereby, paid KRW 18 million to the account in the name of the Green Traffic Association, an incorporated association, for the production of banners and the payment of administrative fines, on June 17, 2016; (b) KRW 10,000,000 on July 20, 2016; and (c) KRW 70,42 million on August 8, 2016, after receiving the remittance of KRW 70,440,000 from the victimized Company.

Accordingly, the defendant acquired 52,40,000 won as the expenses for the vicarious payment of administrative fines.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A statement prepared by H;

1. Contracts on the production of banners and administrative fines;

1. The sales ledger and the new bank deposits;