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.

Punishment of the crime

The Defendant, while having experienced difficulties to pay benefits to the employees of the said driving school due to the operational difficulties of the said driving school, was aware of the fact that the victim D received internal intent at the official police station, he/she used his/her friendship with police officers in the Bupyeong-gu Open Police Station to make a false statement to accept a request for a criminal charge in charge of receiving money.

On September 4, 2009, the defendant called the victim by phone at a non-permanent place and falsely called "the official police station will deliver money to the criminal defendant in charge of acceptance of bribe, and make him/her receive money so that he/she can receive the case by solicitation, so he/she will request KRW 20 million."

However, even if the defendant received money from the victim, he thought that he would use it as operating funds of the CF and did not have the intention or ability to keep the case by delivering money to the criminal officer in charge.

Around September 5, 2009, the Defendant received money and valuables under the pretext of deceiving the victim, deceiving the victim, acquiring cash of KRW 20 million from the Defendant’s vehicle parked in the F parking lot in E at the time of public administration, and making solicitation about the case handled by the public officials at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the Act and subordinate statutes to include some statements in the first interrogation protocol of the accused in the prosecution;

1. Article 111 (1) of the Attorney-at-Law Act (the point of receipt of money and valuables under the name of trust) and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment;

1. Article 62 (1) of the Criminal Act (wholly agreed with the victim);

1. Article 116 of the Attorney-at-Law Act provides that the defendant and his defense counsel shall make a judgment on the assertion of the defendant and his defense counsel, and the defendant shall notify D of the purpose of use.