A defendant shall be punished by imprisonment for six months.

8,000,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Punishment of the crime

[criminal power] On September 23, 2015, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Incheon District Court, and the judgment became final and conclusive on January 22, 2016. On June 30, 2017, the same court was sentenced to one year of imprisonment for a crime of fraud and the judgment became final and conclusive on December 21, 2018.

【Criminal Facts】

On May 25, 2015, the Defendant received a request from C to the effect that “Ding room” in the operation of the friendship club run in Bupyeong-gu, Seocheon-gu, Seocheon-si B is being investigated by the Busan High Police Station for quasi-rape, thus making it possible for the Defendant to receive an undetained investigation by soliciting the public prosecutor who knows that he is being investigated by the Busan High Police Station for quasi-rape.”

Accordingly, the Defendant told C to the effect that “to undergo an undetained investigation through an inspection, and to be provided with convenience in the course of the investigation,” and received KRW 3 million in cash, including KRW 2 million from May 25, 2015 to June 4, 2015, and KRW 3 million from June 5, 2015, including KRW 3 million from May 25, 2015 to KRW 3 million.

As a result, the defendant received money and valuables under the pretext of soliciting the cases handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of part of the protocol of examination of the suspect against the accused in the prosecution (No. 21 of the evidence list);

1. C a copy of the first protocol of examination of suspect to the prosecution;

1. Each prosecutor's statement concerning C;

1. A written confirmation of details of transactions of entrance and departure;

1. Previous convictions in judgment: A criminal investigation report (verification of concurrent crimes, etc. under the latter part of Article 37 of the Criminal Act), status of personal confinement, list of related cases, judgment of related cases, and application of statutes concerning criminal records;

1. Article 111 (1) of the Attorney-at-Law Act applicable to facts constituting an offense and Article 111 of the Act on the Selection of Punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 116 of the Attorney-at-Law Act (the total amount of money and other valuables provided and received on the basis of a request for sales)

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The sentencing criteria; and