A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The Defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”) who runs the business of refining and treating the pulmonary pressure instruments.

1. On December 24, 2009, the Defendant stated that “The victim E shall have to 15 tons of by-products generated from the process of refining the pulmonary voltages for three years from March 2010 when the factory completion and refining permission has been completed until March 2010, and it will only be conducted static treatment upon receiving the pulmonary pressures from the Korean power.” Accordingly, upon deposit of KRW 300 million, the Defendant said that “The by-products generated from the process of refining the pulmonary voltages for three years from March 2010 will be supplied in 15 tons a day.”

However, the fact is that the Korea Electric Power Corporation orders the above refining in the form of a bid since 2009, it is not possible for C to entirely cover whether it can supply 15 tons of by-products from pulmonary tensions to the victim at all. Since the factory installation works at the time were completed by 20% around March 2010, it did not have the intent or ability to supply by-products from pulmonary tensions to the victim.

The Defendant received a total of KRW 300 million from the victim on December 24, 2009 and around the 31st day of the same month under the name of the deposit.

2. From April 201 to July 2011, the Defendant told the victim’s office located in the Seo-gu Incheon Metropolitan Government and the places indicated in paragraph 1 of the same Article that “The Defendant provided the victim with the intention to give 10 billion won or more at the market price of by-products from the Korean power to the head of a Si/Gun/Gu. In addition, if the deposit is paid KRW 700 million, the Defendant would supply by-products from the pulmonary pressure period to 30 tons a day for five years.”

However, there was no such promise from the Korea Electric Power Corporation, and since the Korea Electric Power Corporation recovered the pulmonary pressure from around August 2010, it did not have the intent or ability to supply the by-products of pulmonary pressure to the victim more than 30 tons per day.