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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 6, 2012, the Defendant served in the NIS, and took place as if he were a political E’s dead village, and made a false statement to the victim H at the G coffee shop in the Franyang-si, Namyang-si, Seoul, that “I would grant a permit to lend a state-owned forest to the Korea Forest Service (U.S.).”
However, the Defendant did not have worked in the NIS, and was not the Party E, even if he received money from the victimized party, intended to consume money by living expenses, etc., rather than using it as expenses related to the lease of state forests. In order to lease state forests, it is possible to be a forest member holding at least 5,00 square meters in forests. However, the Defendant did not meet the above conditions and did not have the intent or ability to obtain permission for the lease of state forests.
Nevertheless, the Defendant received KRW 5,00,000 in cash immediately from the injured party’s end-of-the-counter, and received KRW 12,500,000 from March 16, 2012 to December 2, 2013 from March 16, 2013, the Defendant received KRW 17,50,000 in total from 40 times, such as transfer of KRW 12,50,000 via the Defendant’s account (J) from around 39 times to December 2, 2013.
2. On June 12, 2012, the Defendant would make the Victim K enter into a subcontract for measurement and design of the project to create the Hanan Military Village in the Southern-gun.
A false statement was made as follows: “The cost of performing the duties is changed.”
However, even if the Defendant received money, he did not use it for the subcontract for the measurement and design of the hanok village, but intended to use it as living expenses, etc., and the Defendant did not directly proceed with the project and the project did not actually proceed. Therefore, the Defendant did not have any intention or ability to give a subcontract to the victim.
Nevertheless, Defendant 1’s false statement and then Defendant 2’s account (301-0104-0264 on June 12, 2012) in the name of NAF Co., Ltd. around June 12, 2012.