A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the fraud of F in the facts charged is acquitted.

Punishment of the crime

On November 14, 201, the Defendant supplied food ingredients for school meals to G with the trade name of G, and from around November 14, 201, the criteria for the registration of the procurement system for the school meal service suppliers of agricultural and fishery products cyber exchange schools were changed and it was known that only the company with a record of supplying food materials for at least one year or with a record of selling food materials for at least two years, can supply the goods to school meal service suppliers.

On February 7, 2012, the Defendant transferred to the victim J the right to supply food materials, the right to supply food materials, the G office and the supplied vehicle, the cooling house, the freezing house, the office fixtures, etc. to 55 million won, without notifying the change in the registration standards for the procurement system of school meal service suppliers of the Korea Agricultural and Fishery Products Cyber Exchange, at the “I” restaurant located in the Jeon-gun, Jeonbuk-gun, U.S., and then acquired the same amount from the victim on February 9, 2012, KRW 5 million,000,000,000 won in total from the French site and KRW 15,000,000,000 from the victim on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Each investigation report (Evidence List No. 5160), as a result of the examination of evidence, the circumstances in which the Defendant and other persons temporarily used e-mail do not appear. Therefore, the Defendant appears to have known the fact that the standards for registration of the procurement system were modified by verifying e-mail on December 27, 201.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

The choice of punishment and choice of punishment: Reasons for sentencing of punishment under Article 347(1) of the Criminal Act [the range of recommending punishment] : Fraud crime group, general fraud (type 1), basic area, period of imprisonment from six months to one year and six months [whether a sentence of imprisonment is suspended] Main reasons for writing [the reason for general participation in agreement]: There is no serious reflective reason, and the general participation reason for general participation who has no effort to recover damage has no criminal record of probation [the decision of sentence] that he/she has no criminal record of imprisonment with prison labor or more than six months, and that he/she has no criminal record of imprisonment without prison labor or more.