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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 7, 2008, the Defendant received 40 million won under the pretext of having contact with the auditor of the Korea Railroad Facility Corporation around January 7, 2009, by requesting the victim D to pay entertainment expenses to the Auditor of the Korea Railroad Facility Management Corporation to reduce the entertainment expenses. The Defendant received 40 million won under the pretext of having contact with the auditor of the Korea Railroad Facility Management Corporation around January 7, 2009.

As a result, the defendant received 40 million won under the pretext of solicitation or good offices for cases or affairs handled by public officials.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Sending personnel data on retired workers;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant legal provisions concerning facts constituting an offense, main sentence of Article 111(1) of the Attorney-at-Law Act chosen to punish a person;

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 62-2 (1) and (2) (main sentence) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

4. We find it difficult to accept the assertion by the Defendant and the defense counsel to the effect that the Defendant and the defense counsel are denied, taking into account the following circumstances acknowledged by each evidence of this case, namely, ① the statement by a witness D, who conform to the facts stated in the judgment, from the investigative agency to this court, to the specific and consistent credibility of the statement, ② the Defendant’s economic power, the relationship between the Defendant and the victim, and the victim’s occupation, etc. as alleged by the Defendant, considering the fact that it is difficult to easily believe in light of the empirical rule when considering the economic power of the Defendant, the relationship between the Defendant and the victim, and the victim’s occupation, etc.

The defendant with reasons for sentencing shall be actively engaged in money and valuables to the victim under the pretext of having contact with the employees of the Railroad Facilities Management Corporation.