Text
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
Defendant
A is a director of G, who is a member of H treatment plant facility improvement project ordered by Jincheon-gun, and Defendant B is a representative director of the I corporation, the above facility improvement project chain.
1. A around August 21, 2012, Defendant A received an illegal solicitation for convenience in connection with construction works from the said construction site located in the JJ of J of J of J of J of J of J of J, J, J, J, and transferred KRW 20 million to the Defendant’s bank account (K).
As a result, the defendant acquired property amounting to KRW 20 million in return for an illegal solicitation in relation to his/her duties as a person who administers another's business.
2. Defendant B made an illegal solicitation to A at the same date, time, and place as mentioned in the preceding paragraph, and remitted cash of KRW 20 million to A.
As a result, the defendant made an illegal solicitation to the person who deals with another's business affairs and provided property amounting to KRW 20 million.
Summary of Evidence
1. Defendants’ respective legal statements
1. Protocol concerning the interrogation of the Defendants by the prosecution
1. Application of investigation reports (attached to contracts, etc. related to the extension of H treatment facilities construction works), orders, documents approved for the manufacture of machinery and materials, and statutes on books approved for manufacture;
1. Article 357(1) of the Criminal Act (the taking-off of property in breach of trust, the choice of imprisonment) Defendant B: Article 357(2) of the Criminal Act (the taking-off of property in breach of trust and the choice of imprisonment);
1. Defendants on probation: Article 62(1) of the Criminal Act;
1. Defendant A: The Defendants should be punished strictly in light of the fact that: (a) the Defendants were led to the confession and reflect of a crime; and (b) Defendant A received specific solicitation, in light of the fact that the amount of money received is not so much than a certain amount; (c) the Defendants were led to the confession and reflect of a crime; and (d) received specific solicitation.
It does not seem that it does not demand money actively, and the age, character and conduct of the defendants.