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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Defendant is the issuer of “D” monthly, and the E-Foundation is an organization run with the funds of KRW 3 billion created by Yong-nam City/Do and the Government for the purpose of developing policies and dissemination for the resolution of regionalism, national harmony, etc.
1. On December 28, 2006, the Defendant, through deceptioning KRW 450 million on or around December 28, 2006, was planned to take charge of acquiring KRW 450 million, by issuing KRW 20,000 per month 20,000 per month from January 2007 to December 2007, at the D office located in Suwon-gu, Busan, to support the E Foundation with special subsidies granted from the Ministry of the Interior and Safety through the E Foundation, and to distribute KRW 450,00,00 won per month from the total project cost of KRW 1.44,40,000,00 and KRW 6,250,00 per month to the Yong-Nam-Nam government offices, etc., and thus, he/she has distributed KRW 6,50,000 [1 x 6,00 x 6,250,00 won x 1250,000 won].”
However, the facts did not have the ability to bear the project cost of KRW 90 million due to cumulative debt, but did not only think that D of KRW 2000 per month, but also did not have the ability to distribute the D of KRW 6250,00 per month free of charge. Even if the Busan Metropolitan City received KRW 450,000,000 from Busan Metropolitan City as the "project cost for D free distribution", it was not easy to use it as D publication, and eventually, it was thought that most of the project cost would have been used for delivery to wife and children or repayment of debt.
The Defendant, as above, by deceiving G and H who are public officials in charge of Busan Metropolitan City, and I who are public officials in charge of the business affairs of Ulsan Metropolitan City E, and received KRW 450 million from Busan Metropolitan City on December 28, 2006 as the “project cost for D Free Distribution” through the E Foundation, and acquired it by deceit.
2. On December 30, 2008, the Defendant, by frauding KRW 450 million on December 30, 2008, expressed an intention to distribute the D in the above D office around October 2008 and the D in the 6,250 copies every month as in the preceding paragraph.