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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.
Reasons
Punishment of the crime
When the Defendant performs construction work around the housing site, when the civil petition due to noise or dust is received to the competent authority, the construction work is interrupted until the civil petition is resolved and the additional cost due to the extension of the construction due to the extension of the construction period occurs. Therefore, from the perspective of the project owner, with the knowledge that it is difficult for the competent authority to accept the civil petition, and with the awareness that the Defendant was a resident living around the construction site, pretended that the Defendant was a resident living around the construction site, and conspired with the field manager as if he were to file a civil petition due to noise or dust from the construction site, he was given cash in return for receiving the civil petition
around October 4, 2013, the Defendant saw a telephone to the victim D, who is the person in charge of the construction site of Gangseo-gu Seoul Metropolitan Government, and pretended that he was a resident in the vicinity of the construction site, and then, “B is a person engaged in night-time work, and low construction noise cannot be easily locked due to the low construction noise. He deposit money at the soup bank. If it does not do so, he will report it to the Gu office and suspend construction.” The Defendant was transferred KRW 300,000 from the victim of drinking fright to the new bank account in the name of the Defendant.
In addition, from April 23, 2014 to April 23, 2014, the Defendant offered 3,010,000 won to the victims more than 14 times, such as the list Nos. 1 to 14, and received 3,010,000 won. On April 24, 2014, the Defendant attempted to attack the victim E and receive money from the victim, such as the list No. 15, the same crime list No. 15, but the Defendant did not have the intent to refuse it.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E (alias) and F;
1. Each statement of G, H, I, J, K, L, M, N,O, P and Q;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of Details of Suspect's Account Transactions);
1. Relevant provisions concerning facts constituting an offense;