A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On November 20, 2019, the Defendant, as the Defendant came to know about the apartment site from sunrise to sunset, is intending to participate in the bid that is selected by the market operator from sunrise to sunset, and receive a successful bid from the victim B.

It is intended to grant the right to operate 20 items, including 50 million won, for 2 years from sunrise to sunrise, for 20 days from sunrise.

In order to receive a successful bid for the operation right, it was false that the chairperson of the apartment building association gave money to the chairperson of the apartment building association, and the amount of KRW 10 million is changed first.

However, even if the defendant received money from the injured party for the purpose of using it for personal purpose such as repayment of personal debts and living expenses, he did not think that it will be used for solicitation of the above apartment representative.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim, around November 19, 2019; KRW 10 million around December 3, 2019; KRW 5 million around December 10, 2019; KRW 10 million around December 26, 2019; and KRW 10 million around December 26, 2019; and received KRW 35 million from each transfer to the Agricultural Cooperative Account in the name of D that was designated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62(1) of the suspended execution of the Criminal Act reflects the defendant and considers the circumstance that the injured person does not want the punishment against the defendant by repaying the damage;