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A defendant shall be punished by imprisonment for four years.
The defendant shall pay 652,320,000 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
1. On January 201, the Defendant knew that the victim C suffered property damage from D, and made a false statement to the effect that “The head of the prosecutor’s office, the head of the Busan Coast Guard, the head of the Busan Coast Guard, the head of the Busan Coast Guard, and the head of the Busan National Police Agency, knowing the fact that the victim C was also subject to criminal damage from D. On the other hand, the Defendant made a false statement to the effect that D would be subject to criminal punishment by soliciting investigative agencies when he/she would be subject to criminal punishment.”
However, the defendant did not have the intention or ability to punish D by soliciting investigative agencies.
Nevertheless, on January 13, 201, the Defendant received KRW 15,000,000 from the victim to the Busan Bank Account (E) of the Defendant from the victim from the time on which he received the remittance of KRW 15,000,000,00 from the victim to July 12, 2013, and acquired the money by remitting KRW 20,40,000 in total on four occasions, such as the list of crimes in attached Form (1).
2. On January 201, 201, the Defendant knew of the fact that the victim’s father F was a middle school teacher, the Defendant made two regular teachers to the high-level office of Busan District Office of Education even before that day, and made false statements to the effect that F would be appointed as regular teachers by soliciting the high-ranking position of the Busan District Office of Education in favor of the teachers of Busan District Office of Education.
However, in fact, the defendant did not know about the senior position of the Busan Office of Education and did not have the intention or ability to appoint F as a regular teacher.
Nevertheless, on January 18, 201, the Defendant received KRW 40,000,00 from the Defendant’s Busan Bank Account (E) around January 18, 201, from the time on which he received transfer of KRW 40,000,000 from the Defendant’s Busan Bank Account (E) until January 20, 2012, and acquired KRW 93,00,000 in total five times as shown in the List of Crimes (2).
3. On February 2013, the Defendant returned money to the victim’s husband and wife because he/she was not appointed as a regular teacher.