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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant C is a person working as an employee of the Manpower Introduction Office, and Defendant A is a person working as an agent for sale.

On March 2015, the Defendants introduced to the victim D that “The Defendant may exercise influence over the F apartment site construction site because it is between E and the private money,” and Defendant C made a false statement to the effect that “The Defendant C would be able to operate a restaurant at the site of the Busan F apartment site because it would make it possible for the victim to operate the restaurant at the site of the Busan F apartment site.”

However, in fact, even if Defendant C did not have the ability to exercise special influence on G or its employees, who are the construction company of the above apartment building, and received money from the injured party, Defendant C did not have the intent or ability to allow the injured party to operate a cafeteria referred to as the “boom restaurant” which means the right to operate a cafeteria exclusively with respect to the persons at the construction site.

In collusion, the Defendants acquired the total amount of KRW 32.7 million from five occasions, including KRW 10 million on April 7, 2015, KRW 17,000 on the 17th of the same month, KRW 10,000 on the 20th of the same month, KRW 70,000 on May 6, 2015, KRW 2,700,000 on the 20th of June 23, 2015, and KRW 32.7 million on the 200,000 from the Defendant C’s new bank account (H account) in the name of the Defendant C.

Summary of Evidence

1. Each legal statement of the witness D, I and J;

1. In light of the fact that, as alleged by the Defendants, the injured party only speaks that the Defendants would simply introduce a restaurant to the human resources working at the instant site, as argued by the Defendants, and that it is very exceptional to newly opening a restaurant with 3,000 won as the job placement fee or entertainment expenses.