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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
As the representative of the company "G", the Defendant conspireds to receive money and valuables under the pretext of granting the right to operate the restaurant together with H and I.
Accordingly, H is expected to implement a hub construction, which is a national industry, to the victims L, at the seat of K's office located in Ulsan-guJ on May 2015, 201.
I ordered removal, electricity, and brine to the construction site for a period of ten years.
Among them, 400 million won is needed to operate a restaurant.
"" and I introduced the victim.
I followed the victim as if he had the right to operate the restaurant around that time.
On June 2, 2015, the Defendant, along with I, delivered “a confirmation letter (Operational Right)” to the victim, and issued “a joint business contract” to the victim again on June 19, 2015, and was committed as if the victim had the right to operate the restaurant.
However, the Defendant and H/I did not order S-OL-related construction and did not have any authority to operate the restaurant at the construction site. Therefore, the Defendant and H/I did not have any intent or ability to allow the victim to operate the restaurant at the construction site.
The Defendant, in collusion with H and I, by deceiving the victim as above, received KRW 300 million from the victim via a bank account in the name of MaM living together with I on June 2, 2015, and received delivery of KRW 100 million in cash on June 19, 2015.
Summary of Evidence
1. Legal statement made by a witness L;
1. Partial statement of a witness I;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Each police statement with respect to L or K;
1. Application of the relevant laws and regulations to the certification (Operational Right), joint project agreement, certificate of deposit confirmation (Evidence No. 5), letter of performance;
1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 30 (Selection of Imprisonment) of the Criminal Act concerning the crime are guilty.