1. The defendant A shall be punished by imprisonment for eight months and imprisonment for one year and two months, respectively;

2.Provided, That this judgment has become final and conclusive.

Punishment of the crime

[Prior Crimes of the latter concurrent crimes of Article 37 of the Criminal Code] Defendant B was sentenced on November 1, 201 to imprisonment with prison labor for six months as a result of occupational embezzlement in the former District Court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's decision on November 9, 201 and

【Criminal Facts】

Defendant

Defendant B, along with E, is a person who actually operates the F Co., Ltd. (hereinafter referred to as the “F”) and mainly takes charge of fund management.

On July 29, 2010, the Defendant committed the crime against the Victim G Co., Ltd. (hereinafter “victim G”) with the victim G (hereinafter “victim G”), and issued two copies of the F-issuance’s promissory note (amounted to KRW 57,206,00, KRW 16,418,600, KRW 600) to the effect that “If the PHC file is delivered on credit to the site of the victim G employee, half of the price would be paid in cash until August 30, 2010” to the effect that “If the PHC file is delivered on credit to the site of the victim G” was false.

However, at the time, the Defendant had no particular assets in the F name, and had a liability of KRW 1 billion, and had no intention or ability to pay the amount even if he received the materials from the victim G, such as the circumstances where the monthly salary was not timely given to the employees.

As such, the Defendant: (a) had the victim G by deceiving the victim G and was supplied with materials equivalent to KRW 11,243,00 at the site of the KAF located in the YJ around August 10, 2010 from the victim G; and (b) had been supplied with materials equivalent to KRW 66,932,00 in total on 11 occasions from around that time to September 30, 2010, as shown in the attached list of crimes (1).

On October 10, 2010, the Defendant committed the crime against the Victim L, a false statement to the effect that “The Defendant would pay the victim L (hereinafter “victim L”) to the F Office located in Kim Jong-si, and to theO operating the Victim L (hereinafter “victim L”) through N, a director at the F’s site, the F’s office.”

However, at the time of fact, the defendant F.