A defendant shall be punished by imprisonment for not less than one year and six 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.

Punishment of the crime

The defendant is a self-employed person.

In May 2014, the Defendant, upon the victim E’s request from the victim E to release the F detained in the Ulsan detention house due to a violation of the Automobile Management Act, had the victim deceptioned the victim by saying, “I would like to talk about the high-quality fat who would not be able to express the name within the house and release the F,” despite the absence of the intention or ability to release the F, I would like to talk about the victim with the high-quality fat who would not be able to express the name within the house and release the F at a special amnesty.”

On June 25, 2014, the Defendant: (a) around September 25, 2014, at the entrance of the building A located in Busan metropolitan Daegu GG building, KRW 50 million in cash; (b) around September 4, 2014, at the entrance of the Busan metropolitan transportation building, KRW 20 million in cash at the entrance of the Busan metropolitan transportation building; and (c) around November 12, 2014, at the entrance of the first floor of the Busan metropolitan transportation building, KRW 30 million in cash, and received KRW 100 million in cash on three occasions, respectively, for solicitation.

As a result, the defendant received money and valuables under the pretext of soliciting the affairs handled by public officials, and acquired 100 million won from the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to the details of futures set photographs and purchases;

1. Article 327 (1) of the Criminal Act ( comprehensively including frauds) of the relevant Act on the facts constituting an offense, and Article 111 (1) of the Act ( comprehensively including the point of receiving money and valuables on the pretext of solicitation) of the Attorney-at-law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments provided for in more severe frauds);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The late text of Article 116 of the Act;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant merely borrowed KRW 100 million from the injured party and did not receive the intent to acquire it by fraud.