A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is a person who served as a Secretary-General at a social welfare foundation J (hereinafter referred to as “J”) from April 24, 2012 to November 25, 2013, and from October 2, 2014 to June 30, 2015.

The J carried out a profit-making business as a non-profit corporation and operated a profit-making contribution from the business entity. The profit-making contribution was 5% higher than the sales amount of the business entity, and was used for the purpose of supporting persons who have rendered distinguished services to the State, supporting the low-income bracket, supporting the severely disabled persons, etc., using the remainder as the operation expenses of the J. However, since 2013, the profit-making contribution was low, it was not paid to the representative director and the Secretary-General, etc., and even if the J filed an administrative litigation against the illegal businessman by November 201, 201, it was subject to sanctions by the illegal businessman until November 201, and even after the expiration of the period of sanctions against the illegal businessman, it was difficult to perform the work

On March 2013, the Defendant made a false statement to the victim M who became aware of through L at L's home in the vicinity of the Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, that “it is possible to introduce various government-funded construction works even if our corporation does not go through various profit-making projects in the form of a free contract from the State. It is necessary to pay KRW 50 million to receive daily distance through a private contract.”

However, around that time, the J was subject to sanctions against unjust enterprisers due to violation of the rules, and even after the period of sanctions has expired, it was difficult to work far away from credit rating. Therefore, even if the Defendant received 50 million won from the victim, the Defendant did not have the intent or ability to introduce government-funded construction works, and was thought to be used as the operation fund of J.

As such, the Defendant deceivings the victims as such, and thereby, up to March 13, 2013 to the Nbank account under the name of the J of a social welfare foundation under the pretext of construction introduction expenses from the victims, and up to KRW 20 million on March 18, 2013, respectively.