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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On October 2010, the Defendant: (a) at the office of the C organization located in Busan Southern-gu, Busan-gu, the Defendant: (b) made profits to the victim D and the victim E in the amount of KRW 10 million per month when operating the subordinate company of the C organization; (c) was a director of the Korea Railroad Corporation; (d) retired for two years. At the time of his/her employment, he/she borrowed his/her power to operate the subordinate company of the C organization of the Republic of Korea and operated the C organization. (c) At the time of his/her employment, the Defendant: (d) lent his/her force to the Korea Railroad Corporation; (d) 30 million won as deposit money; (d) thereby, he/she left the business; and (e) prepared KRW 75 million as deposit money, and (e) prepared money as deposit money by the end of December 2, 2010.”
However, the defendant did not have any intention or ability to allow the victims to operate the subcontractor's office due to the absence of the Korea Railroad Corporation's position as a director. The amount received from the victims was not the above deposit but the defendant's gambling fund, personal living expenses, etc.
As such, the Defendant, by deceiving the victims as such, received KRW 25 million from the victim D on November 8, 201, KRW 10 million on January 5, 201, KRW 10 million on January 5, 201, KRW 15 million on the same month, KRW 10 million on the 15th day of the same month, KRW 10 million on the 20th day of the same month, KRW 75 million on the 25th day of the same month, and KRW 75 million on the 25th day of the same month, from the victim E in cash, and received from the victim E a cashier’s checks of KRW 70 million on February 14, 201, KRW 75 million on the 14th day of the same month, and the same year.
3. On 21. 21. The Defendant’s name bank account (G) received KRW 76 million in total from the victims and acquired KRW 150 million in total.
Summary of Evidence
1. Defendant's legal statement;
1. Statement D in the second police interrogation protocol against the accused;
1. Each police statement of E and H;
1. Complaints, certificates of cashier's checks, certificates of personal financial transactions, account transactions, certificates of cashier's checks of I Bank, J Bank.