A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 3, 2013, the Defendant: (a) at the D Co., Ltd. office operated by the victim C in the Gu (B) during the Ansan-si period; (b) “B is well aware of the executives of the Reconstruction Promotion Committee in relation to the reconstruction project; and (c) the attached members may exercise influence over the owners of the commercial building, so that the new company may be selected as a service company for the execution of reconstruction project; and (d) he/she would obtain a rebuilding agreement by persuadeing the executives of the Reconstruction Promotion Committee and the owners of the commercial buildings. Before concluding the said contract with the F, the Defendant would reverse the existing contract and want to enter into the reconstruction contract with the new company because the F did not appear in mind. However, in order to reverse the contract with the F, the Defendant would have to return the down payment of KRW 50 million received from the F, 50 million,0000,0000,0000,0000,0000,000,0000,000).”

However, the defendant did not have any authority with respect to the selection of a service company for the performance of reconstruction project by the Yeongdeungpo-gu Seoul Metropolitan Government E-building Promotion Committee, and there was no request from the defendant for the identification of the company at the reconstruction Promotion Committee. The defendant was in a state that he did not have the ability to return the contract by using all the 50 million won received from F in the status of failing to perform the existing contract with the same content as the F around October 2013. Even if the victim received 50 million won as the down payment from the victim, he did not intend to use it in arranging the existing contract with F and did not have any means or plan to prepare funds after the fact that he did not have any intention to use it in arranging the contract with F and to adjust the contract with F