A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On July 22, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Food Sanitation Act at the Seoul Northern District Court on July 2, 2010, two years of suspended execution, and a fine of five million won, and the above judgment was finalized on July 30, 2010.

The Defendant, who was a person with bad credit standing without any particular import or property and was not secured to the health beverage sales place, was supplied by the victim D, and thus did not have the intent or ability to pay the price for the goods to the victim even if he was supplied with the film of soft containing the health beverage from the victim D, by deceiving the victim as follows, and obtained the victim’s total market price of KRW 33,852,280 from the victim and acquired it by deception.

1. On June 4, 2010, the Defendant called the victim’s telephone at the F Office located in Dongdaemun-gu Seoul, Dongdaemun-gu, and received one machine from the victim that “on the ground that the Defendant supplied the equipment that contains health drinks 128 and the equipment that connects with the wave films, thereby immediately paying in cash.” On June 5, 2010, the Defendant received from the victim the delivery of 128 proto films equivalent to KRW 8,870,400 at H located in Gyeonggi-si, the market price of which is KRW 8,870,40,00 at the above F Office around June 8, 2010 and received one machine that connects the proto films equivalent to KRW 4,40,00 at the market price of the F Office.

2. On July 14, 2010, the Defendant called the victim’s telephone at the above F Office, and received from the victim’s immediately a film amounting to KRW 20,581,880 at the market price, etc., of KRW 20,580,880 on the ground that the Defendant supplied “F (State) film 122, I (State) Blulue film 100, I (State) Blue film 122, I (State) film 100, and seven film film film 122, respectively.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

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

1. The application of investigation reports (in relation to criminal records of a suspect), investigation reports (in addition to judgments, etc. against A), and statutes 1.