A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

When the Defendant came to know that X hotel owners in Busan Jung-gu W came to know of the promotion of the above hotel remodeling work, the Defendant was willing to receive money, such as rebates, from a contract for the said construction work, on the pretext of aiding and abetting the above Y, and was committed as if the Defendant had the authority to select the said remodeling construction business operator, and acquired it by receiving money, such as rebates, from a contract for the said construction work, under the pretext of attempting to do so.

1. On September 17, 2015, the Defendant: (a) stated to the effect that, around September 17, 2015, the Defendant: (b) around the X hotel located in the Busan Jung-gu, Busan; (c) through the branch, the Defendant provided that, “If other construction enterprises intend to receive money to receive an order to repair a X hotel, the Defendant would return money to the victim.”

However, in fact, the Defendant did not have any authority over the above X hotel operation, and the Defendant did not have been delegated with the authority to select a business operator to remodel the above X hotel from Y, which is the actual owner of the above X hotel, so even if the Defendant received the money in the name of rebates from the injured party, the Defendant did not have the intent or ability to allow the victim to undertake the above hotel remodeling work.

On the same day, the Defendant had the victim deliver 6,000,000 won in total to the branch in the name of rebates, and received 5,000,000 won out of the same day to the credit cooperative account under the name of the Defendant.

2. On September 23, 2015, the Defendant committed the crime: (a) around September 23, 2015, in 2015, at a danran bar where the trade name located in the Dong-dong, Busan around September 23, 2015, the Defendant stated that the said victim would change cash in relation to the contract for remodeling construction of the X hotel; and (b) as if the victimized person would have the said victim receive the said X hotel remodeling construction.

However, the defendant did not have any authority on the operation of the above X hotel, and it is also delegated by Y, the real owner of the above X hotel, with the authority to select the above X hotel remodeling business operator.