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

1. On December 18, 2009, the Defendant stated that, at the E-office of the company with limited liability in the operation of the victim D in Full-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around December 18, 2009, the Defendant provided that, “Around December 18, 2009, the Defendant may assist the Defendant to permit the execution of the reclamation works only in the case where the Defendant had a wide volume of the construction works and borrowed money from the victim, thereby making it possible for the F to receive the construction works during the said construction works, and that it is necessary to pay money to the related agency for personnel expenses.”

However, even if the Defendant received the above amount from the above victim, he did not have any intention or ability to help the owner of the construction work at the relevant agency, but did not have any assets in the name of the Defendant as well as the bad credit holders, and the Defendant was unable to pay wages to employees at H Co., Ltd. operated in his own name G, and thus, even if he borrowed money from the Defendant, the Defendant did not have any intent or ability to pay them.

Nevertheless, the Defendant, as above, received money from the above victim to the national bank account in the name of the Defendant’s son on the same day from the above victim, and acquired money of KRW 20 million.

2. On April 19, 2010, the Defendant stated in the facts charged on April 19, 2010 that “Around April 19, 2010, the Defendant would help the victim obtain a construction contract guarantee for the construction work during the new gold reclamation work ordered by the former North Korea Development Corporation, and attempted to provide the victim D with a false statement to the effect that “The Defendant would be able to receive a contract guarantee for the construction work upon lending KRW 135 million as there is a shortage of money to obtain a contract guarantee for the construction work from the former North Korea Development Corporation.”

However, even if the Defendant borrowed money from the above injured party, the Defendant thought that it will be used as expenses for dealing with personnel accidents that occurred during the construction of the Hongcheon Sewage Corporation operated by the Defendant, so the Defendant intended to receive a contract guarantee from the public corporation and intended to help the above injured party to receive the contract guarantee.