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A defendant shall be punished by imprisonment for not more than ten months.
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
While the Defendant had been holding a music club in Busan Dong-gu C, he was aware that the South East Dong-dong net F (the husband of the victim G) of the member E of the club was working in the workplace and was aware of his lawyer's knowledge in order to obtain industrial accident approval, and acquired money from the victim under the pretext of obtaining industrial accident approval.
1. Around March 7, 2011, the Defendant made a false statement to the said E at the above club office stating that “I would be able to obtain industrial accident approval from the network F. It is necessary to appoint an attorney-at-law and stamp, etc., deposit KRW 4,400,000 into an account in the internal account.”
However, even if the defendant deposits 4.4 million won in the name of attorney-at-law from E and E's wife, he did not have the ability and intention to obtain industrial accident approval.
Nevertheless, as seen above, the defendant transferred the above false language of the defendant to the victim, and he received 4.4 million won from the victim to the Busan Bank Account (H) in the name of the defendant under the name of the victim, such as attorney-at-law fees.
2. As stated in paragraph 1, the Defendant forged an official document but failed to proceed with the industrial accident approval case even after receiving money from the victim under the name of attorney-at-law fees, etc., and became subject to a claim from the victim.