A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. When the Defendant entered into a contract for the transfer of facilities and business rights with the victim F to the instant store, the Defendant did not enter into a contract for the transfer of facilities and business rights with the victim F. At that time, the Defendant entered into a franchise agreement with the first husband with the J as to the instant store and received part of the price already, and thus there is no intention or profit to gain any profit from the Defendant even if the instant store was sold to I. Unlike the facts charged, the lower court did not include the premise on the motive, etc. of the crime in the facts charged. The victim first asked the Defendant to sell the instant store. Accordingly, the contract for the transfer of facilities and business rights concerning the instant store was concluded between the Defendant and the victim. If the Defendant did not intend to acquire all rights to the instant store from the date of borrowing and did not actually receive any loan from the third party, the Defendant did not intend to obtain any loan, but did not actually receive any loan from the third party, but did not actually receive any loan from the Defendant, in light of the fact that the Defendant did not actually receive any loan from the victim.

Therefore, the judgment of the court below is erroneous or erroneous.