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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 30, 2013, the Defendant made a false statement to the effect that “F office, at the victim’s office, listen to the contents of the criminal case in progress as the complainant, and the victim “it would be resolved by talking about the criminal case as a chief prosecutor who has a power to the Seoul Central District Prosecutors’ Office, and five million won as entertainment expenses are needed.”
However, the fact was that the defendant planned to use the money received from the victim as personal living expenses, etc., and because he was unaware of the relevant chief prosecutor, he did not have the intention or ability to resolve the criminal case of the victim.
As such, the Defendant, by deceiving the victim, received 5 million won in cash as entertainment expenses from the victim’s place of residence.
Accordingly, the Defendant received money and valuables under the pretext of soliciting the case or affairs handled by the public officials at the same time by deceiving the victim.
2. On November 20, 2013, the Defendant made a false statement to the effect that, at the above “F office,” the victim’s disposition was made that there was no suspicion against the accused criminal case, the victim would be able to make sure that the investigation would be conducted again if the victim resist, and that the entertainment expenses would require KRW 3 million as it is necessary to do so.”
However, the defendant was planned to use the money received from the victim as personal living expenses, etc., and there was no intention or ability to resolve the victim's appeal case because he was unaware of the person related to the prosecution related to the appeal.
As such, the Defendant, by deceiving the victim, received 3 million won in cash as entertainment expenses from the victim’s place of residence.
Accordingly, the defendant deceivings the victim and receives property, and makes a solicitation about the case or affairs handled by the public official at the same time.