A defendant shall be punished by imprisonment for not more than ten months.

30,000,000 won shall be additionally collected from the defendant.

Punishment of the crime

On June 7, 2012, the Defendant stated that “The Defendant would return the principal immediately if it is not resolved, to the victim C, who has been in control of the sales of pseudo petroleum products by means of a packaging bus terminal in Jung-gu Seoul, Jung-gu, Seoul.” The Defendant would be able to communicate with the director-general of the NIS by requesting the director-general of the NIS who is well aware of it to communicate with the director-general of the Korea National Intelligence Service, and 30 million won at the cost of disposal by requesting the director-general of the NIS.”

However, the Defendant did not have a staff member of the National Intelligence Service and was willing to use the money for his own living expenses, etc., so even if the victim paid money, the Defendant did not have the intent or ability to resolve the case of selling pseudo petroleum.

Nevertheless, the Defendant, by deceiving the victim as such, received money and valuables from the victim, 5 million won from the victim, i.e., around the 12th day of the same month, from the delivery of 25 million won in front of the D Apartment in Gwangjin-gu Seoul Metropolitan Government, and acquired 30 million won in total, and made solicitation for the affairs handled by the public officials at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of the statutes on a copy of a new bank passbook;

1. Relevant Article 347(1) of the Criminal Act, Article 111(1) of the Attorney-at-Law Act (the point of receiving money and valuables under the name of trust), which applies to the crime, Article 347(1) of the Criminal Act,

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

1. Selection of imprisonment with prison labor chosen;

1. 추징 변호사법 제116조 후문 양형의 이유 이 사건 범행은 공직사회의 공정성에 대한 국민의 신뢰를 훼손할 수 있는 범죄이고, 피고인이 C으로부터 교부받은 돈이 3,000만원으로 적지 아니하여 죄질이 나쁠 뿐만 아니라, 피고인이 수사기관에서부터 이 법정에 이르기까지 범행을 부인하며 책임을...