A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates the F office by lending the name of certified architect E in Incheon-gun D.

On April 7, 2012, the Defendant: (a) received a request from G visiting the above office to the effect that “the height of 46,187 square meters of forests and fields located in the Incheon Strengthening-gun, Incheon, which is owned by the Defendant, is at least 65 meters and has not been secured with access roads; (b) cannot obtain a building permit under relevant Acts and subordinate statutes; (c) obtained a building permit upon solicitation from the public official in charge; and (d) obtained a building permit for the said forests and fields; and (e) received KRW 32,80,000 from the said G around May 7, 2012 in return for the said solicitation.

As a result, the defendant received money and valuables on the intermediation of matters belonging to public officials' duties.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 of the relevant Act on the Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes elective Punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Non-application of the sentencing criteria (no sentencing criteria are set);

3. Determination of sentence: One and half years of imprisonment, and two years of suspended execution, this case is that the defendant receives money from 32.8 million won or less under the pretext that he will obtain a building permit in favor of a public official in charge in the course of operating an architect office.

Considering that these crimes are serious crimes that seriously undermine public trust in the affairs handled by public officials, the quality of such crimes is very poor.

In addition, the amount of profits acquired by the defendant is not significant.

Considering these circumstances, the defendant shall be punished strictly.