A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Justice] On December 9, 2010, the Defendant was sentenced to a suspended sentence of three years on the grounds of the offering of bribe at the Incheon District Court, and the judgment became final and conclusive on December 17, 2010.

[2012 Highest 8248] The Defendant is a person who has been engaged in the business of sales chain E, such as scrap metal located in the Seoul Southern-gu D Building 405, in the position of a regular manager of sales chain E.

On February 2, 2010, the Defendant made a false statement to the victim G’s office located in the Nam-gu Incheon Metropolitan City, stating that “A stock company E made a contract for the sale of non-processed goods and recycled goods generated in the event of the removal of a drawing campus and recycled goods from the time of the removal to the H University, if the Defendant disposed of the B, such as the scrap metal, scrap metal, etc. emitted from KRW 500,000 to KRW 600,000,000,000,000 won, in addition to the investment, would guarantee KRW 200,000,000,000 won, and delegate the said contract.”

However, the facts are that the Defendant was aware of the ownership of the urban development project since the HJP campus building and land were acquired in a quid pro quo relationship in exchange for the donation of HJP campus from the Incheon Urban Development Corporation. Moreover, the Defendant concluded a final contract with HJ on February 8, 2010, which was “including scrap metal, scrap metal, and scrap metal,” and the Defendant did not have any intent or ability to delegate the contract for the sale, which was “including scrap metal, scrap metal,” to the victim.

Nevertheless, on February 8, 2010, the Defendant received a total of KRW 140 million from the Defendant’s agricultural bank account under the name of the Defendant to deposit KRW 40 million with the Defendant’s agricultural bank account on February 17, 2010, KRW 60 million with the account under the name of the Defendant, and KRW 40 million from the account under the name of the public bank other than the public prosecution, and acquired it by fraudulent means.

[2012 Godan1057] The Defendant was engaged in the business of sales chain E, such as scrap metal in No. 405 of the Seoul Southern-gu D Building, and engaged in the business of collecting and selling scrap metal.

On the other hand, J. H. H.C.