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

Punishment of the crime

On September 30, 2009, the Defendant told the victim F, who was aware of the site for the youth training center, that “The land in question (hereinafter “instant land”) is appropriate as the training site for the 8-90,000 won per square day and it is possible to change the use of the training site to the training site.” The Defendant stated that “The victim F, who was aware of the site for the youth training center, shall be 50,000,000 won as the down payment, as he/she should have the staff of the Tourism Development Corporation.”

However, in fact, the instant land was land intended to sell it to the general public through a normal bid process on the side of the Gyeongbuk Tourism Development Corporation, and there was no fact that the Korea Tourism Development Corporation promised to sell the land to the Defendant at a low price and to change the purpose of use. Since the Defendant was willing to use the money received from the victim to pay the Defendant’s living expenses or personal debts, it did not think that the said money was paid to the employees of the Korea Tourism Development Corporation as personnel management

The Defendant received from the victim a total of KRW 50 million, including three copies of the KRW 10 million check and four copies of the KRW 5 million check.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. A protocol concerning the examination of the accused by the prosecution (including theF statement);

1. A copy of a bankbook;

1. Application of Acts and subordinate statutes to a criminal investigation report (investigative Records, No. 118, 168, 170);

1. In full view of the following circumstances acknowledged by the evidence of the reasoning of conviction under Article 347(1) of the Criminal Act of the relevant criminal facts, the fact that the criminal defendant deceivings the victim as stated in the facts charged and acquired 50 million won by deception is recognized.

(1) The instant land was concluded under a negotiated contract because there was no applicant for purchase at the first and second open tendering.