The defendant shall be innocent.

1. Summary of the facts charged

A. On August 10, 2009, the Defendant: (a) received request from the Victim C (V, 45 years old); (b) from the victim C (V) to assist the victim in properly dealing with the fraud of D that caused the fraud; (c) “In contact with the police officer in charge of D the case, the investigation can be completed well; (d) he prepared one million won in cash at the Dobong Police Station; and (e) made a false statement.

Around August 12, 2009, the victim delivered KRW 1 million to the defendant before the Dobong Police Station located in Dobong-gu, Dobong-gu, Seoul, Dobong-gu, Seoul, as entertainment expenses.

However, even if the defendant received money from the victim as entertainment expenses, he did not have the intention or ability to solicit the case to the police officer in charge who is a public official.

In such a way, the Defendant received money and valuables under the pretext of soliciting the case handled by public officials at the same time as entertainment expenses by deceiving the victim and receiving one million won.

B. On September 2009, the Defendant called the victim to the police officer in Seoul Central District Prosecutor’s Office, and called the victim, “I would prepare a written application for coal in the Prosecutor’s Office, and the case investigation that the prosecutor’s investigator in charge should also come to contact with the prosecutor’s office, and D could be detained. As a result, I would like to prepare two million won for entertainment expenses, and would make a false statement in Seoul Central District Prosecutor’s Office.”

On the following day, the victim provided 2 million won as entertainment expenses to the defendant at the 700-day Seoul Central District Prosecutor's cafeteria located in Seocho-gu Seoul Metropolitan Government.

However, even if the defendant receives money as entertainment expenses from the victim, he did not have the intention or ability to solicit the case to the prosecution investigator who is a public official.

The Defendant, by such a method, received money and valuables under the pretext of soliciting the case handled by public officials at the same time as entertainment expenses by deceiving the victim and receiving KRW 2 million.

2. Determination

A. Entertainment expenses incurred by the police officer in charge of the crime on August 12, 2009