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

The defendant is a reporter of the C state, who has been engaged in preparing articles concerning trends in the D area, safety accidents, environmental issues, etc. in D State industrial complexes, or management of editing articles related thereto.

The defendant, who is in the above position, has a duty not to obtain unjust enrichment by using his status in preparing articles or editing them, nor to receive preferential treatment, convenience, money, etc. in relation to his duties from the companies in the D State Industrial Complex.

1. From July 2006 to December 2, 2007, the Defendant received an illegal solicitation from a person in charge of press affairs of E, a company in a D industrial complex, to refrain from probly negative articles, as indicated in attached Table 1 Nos. 2, 4, and 5, and received money on three occasions as advertising expenses, such as in attached Table 1 No. 2, 4, and 5, and remitted part of the money to the head office, and acquired the remainder of 5,150,000 won.

Even if there was no specific pending issue in receiving the money from companies in the D State Industrial Complex as advertising expenses, it is recognized that there was no illegality in violation of social norms and the principle of trust and good faith, and even if there was no illegal act or breach of trust corresponding to the solicitation, the act of receiving the money in excess of the reasonable advertising expenses and acquiring the remainder personally except the money deposited to the head office in return for the illegal act or breach of trust, thereby undermining the integrity of the business manager, and thus, constitutes a crime of taking property in breach of trust (see, e.g., Gwangju District Court Decision 2011No1616, Aug. 29, 2012). 2. On September 2, 2006, the Defendant used the name in braille for the visually disabled even if the employees use the money.