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Defendant
A Imprisonment with prison labor for ten months and for one year, each of the defendants C shall be punished by imprisonment.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A and the victim D conspired to manufacture and sell fake petroleum and were sentenced to punishment for the violation of the Petroleum and Petroleum Substitute Fuel Business Act, etc. around 2012. Defendant C and the victim came to know through Defendant A, and around August 2016, Defendant C and the victim mediated the gas station to be leased to the victim. On September 2016, the victim was investigated into an unregistered petroleum retail business. On September 2016, the victim was recommended by the attorney-at-law from Defendant C from the prosecution during the process of appointing the attorney-at-law for the F that was carried out as the branch office, and the victim was aware that it was the unemployment of the above E (State) and was at risk of being detained. As long as long, the Defendants conspired with the Defendants that the victim was aware of the fact that the victim was the unemployment of the above E (State) so that the victim would help the prosecution executive officer who was well aware of the Defendant C to do so in the direction of the investigation.
Accordingly, Defendant A made a false statement to the effect that “C is well aware of the former and present executives of the prosecution, so C is able to reduce the cases under investigation by soliciting the prosecution executives through C, and allow them to have less old punishment,” within the H station of the operation of the victim in G during Kimhae-si on October 2016.”
However, even if the Defendants received money from the victim, even though they did not have the intent or ability to reduce the sentence of the victim by solicitation to the prosecution executive officers or to make profits from the investigation process, Defendant A received KRW 100 million from the victim in cash via the employees I of the company operated by the victim at the above HH stations on November 1, 2016, and delivered KRW 70,000,000,000 to Defendant C at the same place on the same day.
As a result, the Defendants conspired to take the property by deceiving the victim at the same time.