A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. [2012 Highest 2542] On December 5, 2011, the Defendant, at the E office operated by the victim D in Seocho-gu Seoul Seocho-gu Seoul on December 5, 2011, was a member of the National Assembly with a well-known knowledge of the member of the National Assembly, and was engaged in a flexible political activity in the future, such as that he will return to the election of the Kimhae-gu market, and, at the same time, the F, an employee of the victim D, is at the site of construction of apartment and apartment-type factories. There is a difference in KRW 50 million in return for giving the scrap metal from the removal of the building in the above site. Since the construction company, etc. was selected by the City Corporation in purchasing the building in the above site from the Nam Young-gu, Inc., the land owner, and the loan will be implemented after completing the loan examination at the bank, the removal work may be commenced on the first day of each year.]

However, on August 1, 2011, the above site was in the state of cancelling the land sales contract on the ground that the Nam Young-gu, Inc., a landowner, was not paid the intermediate payment and the balance by the date of intermediate payment and the remainder pursuant to the sales contract from the Construction, Inc., a buyer, and the contractor was not selected at the time of December 201, 201, and there was no decision made by the National Bank to grant a loan to the construction project. Therefore, even if the construction project cannot commence on January 1, 2012, there was no intention or ability to grant a right to sell the scrap metal from the said removal site within the period of promise, even if the victim received money from the victim.

As above, the Defendant, by deceiving the victim D through F, received KRW 50 million from the victim as an advance payment on December 30, 201, in the name of G, his/her father, from the Defendant, to the Agricultural Cooperatives Deposit Account (H) in the name of G, his/her father.

2. [2013No. 710] The Defendant, at the time of election of the National Assembly member in 1988, has not left the election after going out from the I.I.D. election district for the National Assembly member of the Republic of Korea and going out from the election by a political party, and there is no particular occupation.