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A defendant shall be punished by imprisonment for nine months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 22, 2015, the Defendant received a request from F, the operator of a civil engineering design service company in the E industrial complex located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the effect that “the Defendant would help the relevant public officials so that the procedures may be completed through urban planning deliberation,” and the Defendant would also help the public officials to know the person in charge,” and the Defendant would demand the public officials’ solicitation expenses and KRW 25 million from the said F to the H post office account in the name of the Defendant on July 28, 201, and the same year.
9.22. Each of the above accounts was issued five million won.
Accordingly, the defendant received money and valuables under the pretext of soliciting or arranging the affairs handled by the public officials.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against the F;
1. A statement of the relevant transaction with the NongHyup account and the F personal account in the name of the I company;
1. A copy of the content related to this case among the F Multilocks;
1. Verification of the details of deposits made by remitting money to A, and the details of the relevant passbook;
1. Contents of misleading letters between F and A;
1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the flow of money and goods between a foundation operator, official female, and addressee as a result of a response to an account warrant);
1. Relevant legal provisions concerning facts constituting an offense, Article 111 of the Act as an attorney at the option of a punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing (404 pages of investigation records) of Article 116 of the Act (not to return the money received from F as it is, but to return the money equivalent to the money received after the full consumption of the money; and
1. Sentencing (Scope of Recommendation) 2 types (30 million won or more, and less than 50 million won) of money and valuables under the pretext of solicitation and good offices) : (i) mitigation area (one month or one year from June to one year) / Refund (including deposit) gold and other profits.