Text
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendant
On October 22, 2010, A was sentenced to imprisonment with prison labor for 5 years and fines of 120,000,000 won by the District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the judgment was finalized on May 26, 2011.
On February 5, 2008, when the Defendants extended KRW 50 million to the victim E on the third floor of the D Building in Kimpo-si, Kimpo-si, Kimpo-si, the Defendants paid money to the company that promised to perform the removal work of the redevelopment project of the new housing area in the Geum-dong, Geumju-dong, Seoul Special Metropolitan City, and the remainder of KRW 20 million paid the removal work to the victim by using the money as the activity expenses for the implementation of the said redevelopment project.
However, even if receiving money from the victim, the defendants thought to use it as their own living costs, and there was no intention or ability to repay the above money.
Nevertheless, the Defendants conspired to deception the victim as above and received a total of 50 million won per cashier's checks from the victim, i.e., e., 10 million won from the victim.
Summary of Evidence
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes to copies of cashier's checks (10 million won);
1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime. Article 347 (Selection of Imprisonment);
1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;
1. Defendant B: Article 62 (1) of the Criminal Act;
1. Defendant B of the community service order: Defendant A of the reasons for sentencing under Article 62-2 of the Criminal Act: Taking into account the fact that there was no criminal record of the same kind of crime and there was no record of criminal punishment not only once a fine is imposed for the last ten years, and the scale of damage, etc.