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

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment of this case at the trial court as follows (amended charges). Since this court permitted this, the judgment of the court below cannot be maintained any longer.

[Revised Facts charged] The Defendant is an operator of “G”.

On April 25, 2007, the Defendant opened an additional restaurant, store, and main store within the “G” of the sole operation of the Defendant on the first floor of Jongno-gu Seoul H building, and entered into a contract for the operation of the restaurant, store, and main store, instead of taking exclusive charge of the businesses of the restaurant, store, and main store, and paid 60 million won for each of the investments of E, F, and D, E, F, and D, with 27% shares, respectively, with the Defendant’s shares as 19%, distributes the profits of the restaurant, store, and main store, with the Defendant’s shares as 19%, and shall employ persons recommended by E, F, D, E, F, and D as accounting to secure the distribution of profits, and shall grant the right to audit the overall operation of E, F, D, D, with the content that they enter into a business of E, F, D, and D, with the Defendant’s sole operation of the restaurant, and made its business registration from 007 to 2007.

As above, the Defendant entered into a contract with E, F, and D for the joint operation of the restaurant, store, and main store, and the Defendant agreed to take charge of the business, and the Defendant and E, F, and D constituted an association (hereinafter “victim’s association”) which is a partner of the victim’s association. As such, the Defendant distributed profits arising from the business of “I restaurant” to E, F, and D, a member of the victim’s association.