Defendant

A shall be punished by imprisonment for eight months.

Defendant

A 19.5 million won shall be additionally collected from A.

Defendant

A.

On January 13, 2011, Defendant A was sentenced to imprisonment on one year and eight months for the crime of injury in the horizontal Housing Site of the Suwon District Court, and the execution of the sentence was terminated on June 6, 2012, and on March 24, 2016, Defendant A appealed by having been sentenced to six months of imprisonment for the crime of interference with business by the same court on March 24, 2016, and was still pending in the final appeal as of August 11, 2016.

[Criminal facts]

1. On October 24, 2012, Defendant A, in violation of the Defense Justice, demanded “H to be subject to an investigation of gambling suspicion at the time of deception” by telephone from the said H to “W, having a seat of pro rata to the Public Prosecutor’s Office, claiming for KRW 20 million at the work cost of the test to see the day through the said guidance.” On October 17, 2012, Defendant A received KRW 15 million in cash from the said H in the pretext of the instant solicitation through B and received KRW 15 million in cash from the said H in the pretext of the instant solicitation, and around October 15:00 on October 24, 2012 to receive KRW 2 million from the said H’s front check from the said C at the same time at the same time as at the same time, around 31:15:00 of the same month, and KRW 25 million from the said office at the same time as at the same time, respectively.

As a result, Defendant A received money and valuables under the pretext of solicitation for cases or affairs handled by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness H;

1. Statement made by the prosecution and the police with regard to H;

1. Details of passbook transactions with H;

1. Previous convictions in judgment: Inquiry about criminal history, application of the Acts and subordinate statutes concerning personal identification and confinement;

1. Article 111 of the Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination on the application of sentencing guidelines under Article 116 of the Act: The scope of recommendation of sentencing guidelines applicable to the lower limit: the basic area (from April to October) of the category 1 (the amount below 30 million) of the offering of money and valuables for solicitation and intermediation, and the return of the money and valuables that were delayed, and the return of the money and valuables that were received later, shall be taken into account all the circumstances, such as the fact that H is the Defendant’s preference.