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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On August 13, 2013, the Defendant was sentenced to a suspended sentence of three years and a fine of 25 million won in October, 2013 at the Incheon District Court for a violation of the Functional Health Foods Act, and the judgment became final and conclusive on August 21, 2013.
【Criminal Facts】
Around November 2008, the Defendant stated that, at the F Office of the F Office of the Victim E in Songpa-gu Seoul and the third floor, the Defendant provided that, “The Defendant would supply the said product with the exclusive sales right in Korea when investing 100,000 U.S. dollars in Korea, the Defendant provided that “The Defendant would supply the said product as well as the exclusive sales right.”
However, in fact, the above G itself has little efficacy in treatment prior to the generation of donations, and it was planned to manufacture a finished product with the chemical substance of the non-Agra composition prohibited from domestic introduction into the above G, which is effective prior to the introduction into the Republic of Korea, and supply it to the victim. Such drug was prohibited from domestic import clearance and sales in Korea.
Nevertheless, the Defendant made a false statement as above, and acquired the money from the victim by remitting the sum of 10,00 U.S. dollars from May 19, 2009 to May 29 of the same month (a total of 126,090,178 won) on three occasions.
Summary of Evidence
1. Legal statement of witness E;
1. Partial statement of the interrogation protocol of the accused in the second interrogation protocol by the prosecution;
1. Statement of each part of the interrogation protocol of the accused in the fourth and fifth interrogation protocol of the accused (including the H substitute part);
1. The police suspect interrogation protocol of H;
1. An investment agreement;
1. Results of each sampling test;
1. A copy of a bankbook;
1. Previous convictions: He shall refer to references to foreign criminal records, etc., report on investigation (verification of the facts of final judgment), application of Acts and subordinate statutes to investigation reports (Attachment of judgments related to related cases);
1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.