Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year.

Punishment of the crime

[2015 Highest 5387]- Defendants

1. Defendant B, including the Defendants’ status, was operating a personal business entity related to the construction of “F” and was registered as an internal director around November 13, 2013 and was operated until November 12, 2013 by accepting “G” of the Construction Business Company G (hereinafter “G”) on June 11, 2013. Defendant A was employed as an employee of the “F” operated by the said B, and was operating the said company after accepting and operating the said “G” with the said company.

around May 2013, the Defendants, through the introduction of H, committed the following crimes with the view to obtaining a proposal from J, which provided food materials to H, to “I to supply agricultural, livestock, and industrial products of at least 10 billion won each year over three years. To this end, if you want to obtain such a proposal, it would be necessary to create KRW 700 million until October 2013.”

2. The Defendants: (a) on July 22, 2013, at a mutually unclaimed restaurant located in Gangnam-gu Seoul Metropolitan Government on July 2, 2013, supplied food materials amounting to KRW 10 billion to KRW 15 billion to KRW 15 billion a year; and (b) on October 23, 2013, the said project may expect profits equivalent to KRW 20 million a sales amount. On the other hand, the Defendants shall pay KRW 170 million to the person who shall perform the royalties in the middle; (c) on the other hand, the remaining KRW 130 million shall be paid after the contract formation; (d) if the project is in progress, 3% of the sales shall be paid to “G” separately; and (d) thereafter, 4 victims shall be demanded to supply the food materials amounting to KRW 1.0 billion a year from around that time to October 23, 2013 as indicated in the annexed Table 1.

However, the Defendants received money from the victims for the purpose of the cost financing.