Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the representative of E Co., Ltd. (hereinafter “E”) with the purpose of importing alcoholic beverages.

The defendant around July 24, 2006, while the victim G limited company (representative director H) located in Jongno-gu Seoul Metropolitan Government F is the victim H, the defendant concluded a contract with the defendant and recognized the G limited company as the victim, who was the subject of remittance.

In the “I”, the victim and the Defendant entered into a contract for the supply of Spoju (hereinafter “the first contract of this case”) with Spoju (hereinafter “the instant primary contract”) with the victim and the Defendant, on behalf of 300 Spoju in the Don Futures Trading Method (e.g., the Don Posur). The local liquor in France, which received the down payment from the injured party, transfers it to the Don Don Don Don Don Don Don Don Don, and if the Don Don Don Don is supplied after about two years.

However, even if the Defendant received any balance from the injured party due to the shortage of operational funds of E around April 2008, even if he did not intend to receive the balance from the injured party, the Defendant would be able to pay the balance in advance to the injured party after using it as customs clearance costs, etc.

A false statement was made.

On April 22, 2008, the Defendant deceptioned the victim and transferred the facts charged to the new bank account (J) under the name of the Defendant to the new bank account under the name of the Defendant on April 22, 2008, but appears to be a simple clerical error (Evidence No. 9, 14, and 24). However, on July 14, 2008, the Defendant acquired the balance of KRW 141,240,000 from the new bank account (K) under the name of E and acquired the sum of KRW 227,70,000 in total twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A delivery contract for each commodity, text-related documents, dialogue details, and evidence explanatory note;

1. Text documents and text-related documents;

1. A copy of the passbook, the director of the customer, and the bank transaction details (E), and bank transaction details (A);

1. A written judgment (2008 A. 95187) and a judgment (2009B 43333).