1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Judgment of the court below] The defendant is the internal director of corporation D with the purpose of manufacturing and selling functional health foods, and Eul is the representative director of corporation C (former corporation F), and G is the vice-chairperson of the victim.

[Criminal Facts] On July 10, 2013, the Defendant told G to the effect that “I may have the power to purchase when developing I’s health food.” On July 15, 2015 and around July 17, 2015, the Defendant paid 120,000 mobile phone text messages, etc. to H would have the exclusive right to sell I’s products H. First, 5,000 won should be supplied to H as of July 18, 2013, and 5,000 won should be paid to H, instead of 5,00 won, and deposit KRW 30,000,000 in total with the principal and interest of July 19, 2013.”

However, since the Defendant had never agreed to supply I 50 millions to H, the Defendant did not have any intention or ability to pay KRW 30 million by adding the principal and the profits to H until July 19, 2013, even if he received KRW 25 million from the victim, he did not have any intention or ability to pay KRW 30 million by adding the principal and the profits to the victim as agreed with G.

On July 18, 2013, the defendant acquired 25 million won from the victim through K of the J representative Director of the K corporation, by receiving 25 million won from the national bank account in the name of the defendant corporation D (Account Number): L) operated by the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes on the statement to G and E;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (including the agreement with the victim and the fact that the defendant has no particular criminal record);

1. Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation (the order of compensation is not appropriate as the scope of liability for compensation is unclear);