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The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On June 20, 2013, the Defendant: (a) at an authorized broker office located in the Namnam-gun, Namnam-gun; (b) sought to purchase the site located in the Namnam-gun, in order to operate solar power generation business, including the construction and operation of solar power infrastructure; (c) requested the said G to secure the electric power line (DL) of the Korea Electricity Corporation (DL) in order to operate solar power generation business; and (d) to realize the fact that not only the purchase of the site but also the purchase of the site is necessary to secure the electric power line of the Korea Electricity Corporation (DL) in order to operate solar power generation business; and (d) demanded the said G to secure the capacity of DL through K working in the Korean Power Department of Electric Power with a kind of relationship with the Defendant, and to resolve community civil complaints.
Accordingly, the Defendant received from G to the Defendant’s blood cooperative account for his/her father-child L, KRW 30 million on June 20, 2013, and KRW 50 million on September 24, 2013, respectively, from G, to transfer KRW 50 million on two occasions.
The facts charged are added to the fact that the defendant received KRW 30 million from the agricultural bank account in the name of the village P, which is located in the above salt farm site around September 10, 2013, and it is stated that the defendant received KRW 80 million in total three times.
However, there is no evidence to acknowledge that the defendant was paid KRW 30 million around September 10, 2013 under the pretext of solicitation for affairs handled by a public official or a person deemed a public official. Rather, according to N's statement, N's statement is likely to directly transfer KRW 30 million to P or Q P or Q for expenses or consideration necessary for solving civil petitions, such as resident's consent.
Therefore, among the facts charged, the above part of the charges was deleted from the above 30 million won around September 10, 2013 and criminal facts were recognized. This part of the facts charged constitutes a case where there is no proof of crime, and thus, not guilty by the latter part of Article 325 of the Criminal Procedure Act, but is related to this crime.