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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
18 million won shall be additionally collected from the defendant.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor, the gist of the grounds for appeal (fact-finding) can be acknowledged that the Defendant, by deceiving the victim F, obtained KRW 38 million from the victim, acquired it, and at the same time, received money and valuables under the pretext of solicitation or good offices in connection with the affairs such as permission of the building and alteration of the purpose of use of the building handled by the public official from the above F, but the lower court acquitted the Defendant on the ground that there was no proof of crime
2. Although the gist of the facts charged in the instant case does not accept money or valuables under the pretext of solicitation or good offices with respect to the case or affairs handled by the public official, the Defendant accepted the request from the Defendant on April 23, 2011, upon receiving an instruction from the Defendant to “IB” with respect to “HweB” located in G in the Seongbuk-gu, Sungnam-si, Sungnam-si, to use the resting restaurant as a wedding hall, and thus, to correct it by restoring it to its original state, etc., and upon receiving a request from the Defendant.”
However, in fact, the Defendant had a debt of 1.3 billion won or more at the time, and had no particular income, and attempted to use the money received from F for personal purposes, so even if he received money from F, he did not have the intention or ability to continue to operate the waking by arranging the affairs handled by the public officials, such as obtaining a license for wedding business from the sexual male viewing or changing the purpose of use of buildings.
Nevertheless, on April 7, 2011, the Defendant concluded that “the start payment for permission or change of the use of a group is required to be KRW 15 million, and a demand for payment in cash is made in cash,” and the Defendant received KRW 15 million in cash from F through F on the same day, and on April 13, 2011, the Defendant received KRW 15 million in cash from F.