A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

Around October 201, the Defendant and Co-Defendant D operated by D in Yongsan-gu Seoul Metropolitan Government 4th floor of Yongsan-gu, Seoul, “F Office there is freezing warehouse in H in Chungcheongnam-si. The Korea Highway decided to expropriate the above building by building a road in front of the freezing warehouse in front of the freezing-si, and the IJ, the above freezing-house tenant, had almost been given the right to remove the building. The Defendant and Co-Defendant D was again entrusted by J with the said right to remove the building. As the consultation with the Korea Highway completed, I would like to make the said building be able to damage the said building and to make the scrap rail and non-railroads coming from the removal.”

However, the Defendant and D did not have the authority to remove the said freezings, and there was no way to consult with the Korea Highway Corporation. However, J, the lessee of the said freezings building, sent to the Korea Highway Corporation only a co-written cooperation with the content of requesting the right to remove the said warehouse to himself. Therefore, even if the Defendant and D received money from the victim, there was no intention or ability to allow the removal of the said building.

In addition, the Defendant and D, as such, deceiving the victim and had the victim perform the removal work, obtained the total amount of KRW 5 million with the account under the name of the Defendant on October 13, 201, KRW 25 million with the same account on the 14th of the same month, and acquired the total amount of KRW 32 million with the DNA account on December 5, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. The prosecutor's statement concerning G;

1. A written agreement, a written confirmation, or a written contract;

1. A contract for the removal of obstacles and remainder disposal works;

1. Application of Acts and subordinate statutes, letter of delegation, agreement (No. 17)

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (agreement)