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

Punishment of the crime

1. From October 4, 2001 to September 2008, the Defendant: (a) had been engaged in the supply and collection of alcoholic beverages to the Customer E on the liquor wholesale operated by the victim D in Dongdaemun-gu Seoul Metropolitan Government from around October 4, 2001 to around September 2008; (b) had not deposited part of the sales money collected from each customer to the Company; and (c) had not been deposited into the Company’s account books and had the Defendant use the money voluntarily.

On December 21, 2007, the Defendant embezzled 95,647,826 won (the amount of KRW 46,832,994) by means of paying the unpaid amount to another transaction partner in the manner of paying the unpaid amount if the Defendant received the money from another transaction partner and embezzled 8,120 won by registering it on credit without paying it on credit and consuming it as recorded in the crime list from the time to June 24, 2008.

2. On Aug. 20, 2008, the fraud Defendant stated that the Gart located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, would supply alcoholic beverages at a stable low price by paying alcoholic beverages in advance to the victim H.

However, the Defendant, as stated in paragraph (1), should pay the unpaid amount remaining after embezzlement, and the Defendant intended to pay the unpaid amount by the so-called “debrising” method rather than treating the unpaid amount from the victim as the prepaid payment of alcoholic beverages. The alcoholic beverages supplied to the victim were treated as credit payment from the above E, and the Defendant did not have any intent or ability to supply alcoholic beverages, such as locked a policeman on September 2008.

As above, the defendant deceivings the victim as above, and then his household checks with a face value of five million won per face value on August 20, 2008 and five million won per face value on August 30, 2008.