A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement with respect to cases or affairs handled by public officials.

Nevertheless, the Defendant, around February 26, 2018, received KRW 20 million from C in total five times from September 6, 2018, as shown in the separate sheet of crime, by stating to the effect that “The Defendant, in the case of D restaurant operated by C in Gangnam-gu Seoul, Gangnam-gu, Seoul, that “The Party may obtain permission for development activities of the said land, in return for a request or arrangement for the permission for development activities of the said land, in cash amounting to KRW 6 million.” On the same day, the Defendant received KRW 20 million from C in total from September 6, 2018, as shown in the annexed sheet of crime.

As a result, the defendant received money and valuables under the pretext of solicitation or mediation on the affairs handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (including the sequence 10 through 12, 14, 17, 19 through 21, and accompanying materials);

1. Application of the real estate sales contract, a copy of each receipt, and the official statutes of the Seoul Gangseo-gu Office;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The latter part of Article 116 of the Attorney-at-Law Act (the ground for calculation of additional collection: The amount excluding five million won, which is not actually reverted to the defendant, as the defendant deposited into the account of a supporters' association from C among the amount of KRW 20 million received from C (see, e.g., Supreme Court Decision 93Do1569, Dec. 28, 1993);

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);