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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
However, this judgment is delivered to the Defendants.
Reasons
Punishment of the crime
Defendant
A On September 6, 2013, the Daegu District Court sentenced two years to a suspended sentence of ten months for a crime of fraud at the Daegu District Court, and the judgment was finalized on July 31, 2014, and Defendant B was sentenced to a suspended sentence of eight months for a crime of fraud at the Incheon District Court on February 6, 2014, and the judgment became final and conclusive on the 14th of the same month.
1. On August 201, Defendant A became aware that Defendant A, a representative director of “F”, who installs telecommunications facilities and equipment via E, wanted to be selected as a cooperation firm for SK Telecom.
On August 21, 2011, the Defendant stated to the effect that, “Around August 21, 201, the Defendant would allow the victim to select F (State) through members of the National Assembly inside the city as a cooperation firm for SK Telecom. The expenses need to be incurred in the work, and the Defendant would return KRW 15 million if he/she becomes aware of his/her sexual will.”
However, the defendant was unable to make a solicitation regarding the selection of a collaborative company because he was well aware of the members of the National Assembly, and was thought to use the money received from the victim as living expenses, etc., so even if he received the money from the victim, he did not have the intent or ability to select the victim company as a collaborative company of the SK Telecom.
Nevertheless, on August 24, 201, the Defendant deceivings the victim as above, and received cash of KRW 15 million in the name of business promotion expenses from the head of the Gangnam-gu Seoul High Terminal Station via E, and by means of the name of security guards, the Defendant acquired KRW 2,100,000 in total from the national bank account (K) under the name of his/her his/her father and wife, KRW 100,000 on September 20, 201, KRW 100,000 on October 10, 2012, KRW 60,000 on October 17, 2012, KRW 50,000 on November 2, 2012, and KRW 300,000 on November 3, 2012.
2. The Defendants, who jointly committed the crime, shared with the Defendant B, known to the general public, shared with the victim’s company, and knew the victim as if they were selected as the cooperation firm of the SK Telecom.