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A defendant shall be punished by imprisonment for four months.
10,000,000 won (one thousand won) shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On February 26, 2015, at the office of Yeongdeungpo-gu Seoul Metropolitan Government C Building 906 around February 26, 2015, the Defendant received from the victim D to “the instant case that was accused of perjury against F, etc. at the Gyeonggi Military Police Station,” and the victim D knows that “A police officer who was on dispatch as a secretary to the Cheongdae G secretary, was arrested by the Defendant F, upon request of the police officer.”
It is expected to solve the 10 million won under the pretext of personnel affairs.
“The phrase “ was false.”
However, the defendant did not have any intention or ability to detain the F or resolve the case upon request by the police officer.
The Defendant, by deceiving the victim D as such, was transferred from the victim, KRW 5 million to the Defendant’s corporate bank account around March 4, 2015, and KRW 5 million to the same account around March 26, 2015.
The Defendant received money and valuables of KRW 10,000,000 in total on two occasions under the pretext of soliciting or arranging cases or affairs handled by public officials, and acquired property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Certificates of confirmation of transfer, details of withdrawal transactions, and application of statutes in writing;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense; Article 111 (1) of the Act (Selection of Imprisonment with labor);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 116 of the Act provides that the defendant's reason for sentencing is the time when the crime is committed, and the victim's withdrawal of the complaint is more favorable.
However, the part mentioned in the detention in consultation with another person's criminal case is not good to be a crime.
The punishment shall be determined by taking into consideration the favorable and unfavorable circumstances.