A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On November 23, 2011, the Defendant agreed to obtain the consent of the victim and the residents and receive compensation in return, stating to the victim C that “The work with the residents’ consent is complete so that the waste reclamation site may be conducted in the Chungcheongnam-gun, Chungcheongnam-gun, and if money is paid, the waste reclamation site may be established within a short time by going through the funeral project.”

Around March 20, 2012, the Defendant received 40 million won check from the victim at a “F” restaurant located in Sinju City E, stating that “The victim will receive a written consent from six representatives of the village, if he/she agrees to deliver it to the village representative group, and once the village representative consents, it does not go to the other community residents.” On the same page, the Defendant was paid 40 million won check from the victim. On April 24, 2012, the Defendant called the victim to “a resolution to agree to the establishment of the waste landfill and to prepare the minutes by holding a meeting at a domestic or mother village meeting and making a resolution to prepare the minutes. If the above resolution passed, the Defendant shall pay KRW 30 million for each household.” On the following day, the Defendant received KRW 1 million check from the victim at a coffee shop located in Sinju, and KRW 20 million in total, KRW 30 million from the victim.

However, at the time of November 23, 201, the Defendant did not have been able to obtain consent from the residents of the village even if he did not work for the consent to the establishment of the waste landfill in the above D as of November 23, 201, and there was no fact that the above village conference was decided around April 25, 2012. Since the victim thought that the amount received from the victim would be used as the Defendant’s personal business expenses and living expenses, even if he received the money from the victim, the Defendant delivered it to the village residents and received the consent of the representative of the village residents with respect to the above waste landfill or the consent of the village conference.