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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
Defendant
A is a person who has worked as an employee of a human resources placement office, and D is a person who has worked as a sales agent.
Defendant
On March 2015, A and D introduced the victim E to the effect that “A and D may exercise influence over the G apartment site because F is a person who provides human resources placement services, and F is a person who runs the G apartment site,” and Defendant A made a false statement to the effect that “A would allow the victim to operate a restaurant at the site of the Busan apartment site, because F is a large number of on-site employees,” which would cause the victim to operate a restaurant at the site of the Busan apartment site.”
However, in fact, even if Defendant A received money from the injured party due to the lack of ability to exercise special influence against the constructor or his employees of the above apartment building, Defendant A did not have an intention or ability to allow the injured party to operate a cafeteria, which means the right to operate a cafeteria exclusively with respect to the figures at the construction site.
Defendant
A, in collusion with D, acquired KRW 32.7 million in total from five times, including KRW 10 million on April 7, 2015, KRW 10 million on the 17th of the same month, KRW 10 million on the 20th of the same month, KRW 700,000 on May 6, 2015, and KRW 2.7 million on June 23, 2015, from the Defendant’s new bank account (Account Number I) in the name of the Defendant.
Summary of Evidence
1. Each legal statement of witness E, J and K;
1. In light of the fact that: (a) an investigation report (a statement by a witness) (the foregoing witness’s statement in this court); (b) the statement attitude, content and various circumstances; and (c) Defendant A and D, as alleged by Defendant A and D, only speaks that the injured party would simply introduce a restaurant to the human resources working at the instant site; and (d) 3,000,000 won as an introduction fee or entertainment expense, and it is very exceptional to newly open a restaurant, Defendant A and D.