A defendant shall be punished by imprisonment for one year.

Punishment of the crime

C is the vice-chairperson of the D Co., Ltd. and the defendant is a broker for a company that intends to conclude a scrap metal contract with D Co., Ltd.

In collusion with C on December 24, 2008, at the office located in Gangnam-gu Seoul on December 24, 2008, the Defendant: “D Co., Ltd. entered into a contract related to the disposal of unused materials, such as scrap metal, non-ferrous metal, etc. against H, I Association, and J, a subsidiary company of G organization; thus, it has the right to exclusively enter into a contract for disposal of unused materials. The contract refers to the first priority to enter into the contract, and the contract bond shall be paid as the first money.”; and the contract bond between G organization and K and the service contract between K and D Co., Ltd. was presented as of July 15, 2008.

However, the statement of understanding that G organization entered into with K has already lost its effect on April 15, 2008, and because D companies did not have been granted exclusive authority with respect to the disposal of unused materials by H, I Association, and J, the Defendant et al. did not have the intent or ability to enter into a contract related to the disposal of unused materials with the victim.

As such, the Defendant and C, by deceiving the victim as such, received from the victim to the deposit account in the name of the Defendant, KRW 40 million on December 30, 2008, KRW 10 million on December 31, 2008, KRW 75 million on January 23, 2009, in total, KRW 25 million on December 23, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each protocol of examination of witness with respect to F and L;

1. Each prosecutor's interrogation protocol concerning C (including the F statement section);

1. Investigation reports and investigation reports (Submission of documents related toG organizations);

1. Application of Acts and subordinate statutes, such as a performance angle, a memorandum of understanding, a service contract, a confidential maintenance contract, and an agreement;

1. In regard to the issues of Articles 347(1) and 30 of the Criminal Act regarding criminal facts, the Defendant acted as a broker for a contract with D Co., Ltd.