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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 7, 2010, the Defendant made a false statement to the effect that, in relation to the housing site development of the said D, the Defendant would make it possible for the Defendant to receive a large amount of compensation for resettlement by soliciting the development of leisure public services and E in charge of the compensation for the relocation of drinking water on the said D’s high water in the D’s top of the operation of the Victim C, which is located in Flusium B.
However, even if the defendant received KRW 10 million from the injured party for solicitation, the defendant only tried to use it for personal repayment of his/her obligation, and did not have any intention or ability to solicit the issue of compensation for relocation of the injured party to the female viewing public officials.
The Defendant received from the injured party a remittance of KRW 10 million to the new bank account (F) in the name of the Defendant for the same solicitation.
As a result, the Defendant received money and valuables under the pretext of soliciting the case or affairs handled by public officials at the same time by deceiving the victim and receiving property.
Summary of Evidence
Application of statutes, such as the defendant's legal statement C and E of each police's statement, details of financial transactions in the new bank account transactions, etc.
1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 111 (1) of the Act (the point of acceptance of money and valuables for the purpose of solicitation of public officials concerning the affairs to be handled by public officials) of the relevant Act on criminal facts;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Article 62 (1) of the Criminal Act on the suspension of execution.
5. The community service order under Article 62-2 of the Criminal Act;
6. Attorney at law for additional collection;
7. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order.
1. Crimes No. 1 within the scope of the sentencing guidelines recommended for the sentencing guidelines: The scope of the final sentencing due to the increase in the mitigated range of crimes (including deposits) by one category (10 million won or less) (1 month to one year) in the mitigated range (2) in the mitigated range of crimes (2) in the mitigated range of punishment: the mitigated range of crimes (2) in the mitigated range of crimes (30 million won or less) (1 month to six months) in the mitigated range of money and valuables in the name of solicitation and referral: January to March;
2. Determination of sentence: