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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is the representative of “F” with the objective of wholesale and retail business, etc. of educational equipment and materials located in Full-si, Jeonju-si E.
The Defendant written indictment through business activities, such as solicitation or mediation for public officials in charge of the former elementary school located in North Korea, stated that “The Governor of the Jeollabuk-do Council shall have the members of the North Korean Council compile their discretionary project expenses to the elementary school located in North Korea, and shall do so through business activities, such as solicitation or mediation for the public officials in charge of the relevant elementary school.” However, there is no clear evidence to acknowledge that the Defendant had the members of the Jeollabuk-do Council preferentially organize the discretionary project expenses to the elementary school subject to business activities prior to conducting business activities, such as solicitation or mediation.
However, the facts charged of this case merely accepted money and valuables under the pretext of making requests or arranging the affairs handled by the public officials in charge of elementary schools, and does not include the part that received money and valuables under the pretext of making requests or arranging the affairs handled by the National Assembly members of North Korean Dos. As such, the basic facts stated in the indictment are irrelevant to the requirements for special composition.
Therefore, the above written indictment shall be modified ex officio, and related records shall also be deleted in individual criminal facts.
In Suwon-si, the purpose of which is H’s water purifier manufacturing business in Suwon-si G, and the educational equipment and equipment wholesale business in Kucheon-gu I ( state) J's products was to supply to the relevant elementary school, and H's business agent business agency and ( state)J received fees therefor.
2. The Defendant committed the crime related to the supply of L elementary schools so that H may supply hot water production equipment equivalent to KRW 19,680,00 to the above schools through the business of the public officials in charge of L elementary schools.
thereafter;