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

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

Punishment of the crime

On December 27, 2013, the Defendant was sentenced to two years in Seoul Central District Court to imprisonment for a crime, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on June 12, 2014.

Criminal facts

1. Around June 2008, the Defendant: (a) received a request from C to supply tobacco rinks to KT&G; (b) accepted the request; (c) around that time, the Defendant changed the cost of contact with the related persons, such as KT&G personnel, etc., so that the victim E can be supplied to KT&G as above through the latter part of C.

However, even if the Defendant received money from the victim, he was thought to use the money as office operating expenses of the “F” that was involved by the Defendant at the time, and there was no intention or ability to allow the victim to deliver tobacco cases to the KT&G by contact with the person in charge of KT&G.

Nevertheless, around June 16, 2008, the Defendant, by deceiving the victim as above, received 30 million won in cash as entertainment expenses through the above C and I from the victim at the “H” restaurant located in Jongno-gu Seoul Metropolitan Government G.

2. On October 17, 2008, the Defendant made a false statement to the effect that “The Defendant collected all scrap metals emitted from the military headquarters and disposed of them” at the factory in the operation of the above victim, which is located in the J of the wife population in Chungcheongnam-si.

However, even if the defendant receives money from the victim, he/she thought that he/she would use the money as the office operating expenses of the above "F", and he/she did not have the intention or ability to make the victim dispose of the money after receiving the money from the first military headquarters.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving him from the victim, is "M" in the indictment of the Defendant’s ancillary L by way of the account in the name of D's wife K around October 21, 2008.