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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.
Reasons
Punishment of the crime
On May 2, 2016, the Defendant is also entitled to inform the Defendant of the D Entertainment Center on the third floor of the same building (formerly changed to E Entertainment Center) from the business owner F, “The Defendant is also able to know the police work that the game site is not subject to control, and the necessary expenses will be paid.”
“On receipt of a request to the effect that “,” and to receive 3 million won per month from the following F, under the pretext of entertainment expenses, etc. for police officers, and under the said pretext, KRW 3 million from the Agricultural Cooperative Account in G on May 23, 2016, the same year:
6. 24. 1.1 million won for the same account on or around the same day, 90,000 won for the same account on or around the 27th of the same month, and the same year.
8. Around November 201, the Plaintiff received KRW 500,000 from the Agricultural Cooperative in G name, KRW 400,000 from the same account on the same day, and received cash equivalent to KRW 1.9 million from June 2016 to September 201 of the same year via several occasions, and received from F an amount equivalent to KRW 7.8 million in total.
As a result, the defendant receives 300,000 won per month from F under the pretext of providing it to or linking with a public official of an investigative agency, and received 7.8 million won among them.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of examination of the suspect of F and H by the prosecution, and a statement by the prosecution concerning F by the prosecution;
1. Application of the respective account transactions, the details of GFI transactions, and the laws and regulations on GFJ transactions;
1. Relevant legal provisions concerning facts constituting an offense and subparagraph 1 of Article 110 of the Act (selected of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. Grounds for sentencing after the latter part of Article 116 of the Act by an attorney in charge of additional collection;
1. Where the case is a crime provided for in Article 110 of the Act by an attorney-at-law in the aggravated area (six months to one year and six months), within the scope of a punishment recommended on the sentencing guidelines [the scope of a punishment recommended] [the scope of a punishment recommended], under the pretext of solicitation and good offices (less than 30 million won).
2. Determination of sentence: Imprisonment with prison labor for eight months, and with respect to the crime of this case for two years of suspended sentence, the defendant receives money in the name of school expenses for police officials.