A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a long-term executive officer in D.

A retired from office on August 30, 2012, at the Jongno-gu Seoul Jongno-gu personnel-dong-based limited-type restaurant, “B was retired from office in the F Group with no charge. I would like to arrange the victim E to enter into a negotiated contract on the right to operate a restaurant and store with the head of the I new construction construction site in the Dong-gu G new construction site and the Gyeonggi-si constructed at H, which is constructed in D. The revenue of the 2000,000,000 won per month, and the Corporation may increase the revenue of KRW 4-50,000,000,000 won in the future, as the expected to progress for 3-4 years. However, in order to enter into a contract, the F Party need to pay expenses to F officials, and thus the amount of KRW 50,000,000,000,000 is changed.”

However, from the beginning, the Defendant had no intention or ability to make the victim enter into a private contract on the right to operate the said cafeteria.

Nevertheless, on August 31, 2012, the Defendant: (a) by deceiving the victim; (b) received KRW 10 million from the victim to the new bank account in the name of the suspect; and (c) continuously received KRW 10 million in cash at the instant coffee shop near the Seocho-gu Seoul Seocho-gu shift, Seocho-gu, Seoul on November 16, 2012; and (d) on April 2, 2012, received KRW 10 million in cash around the same law firm’s “lawul”.

Accordingly, the defendant acquired a total of KRW 30 million from the victim three times.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written statement (Evidence Nos. 6 of Evidence List);

1. Receipts (number 7);

1. Investigation report (Report on D Construction Book No. 8);

1. Investigation report (Report on telephone conversations at H Construction Personnel Team) (No. 9)

1. Statement of E (number 11);

1. Application of Acts and subordinate statutes, E’s written complaint and contract, and notarial deed (No. 16-18)

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, and choice of imprisonment.