A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who sells health assistive food, and C is a person who has worked for a company operated by the defendant as a business employee.

1. On September 20, 2012, the Defendant borrowed a loan under the name of the business fund, at the F Office operated by the victim E in Gangdong-gu Seoul Metropolitan Government around September 20, 2012, the Defendant is unable to register the Plaintiff with the business operator under the circumstances that he/she intends to run a business selling health assistive food, such as blusing, by returning to the company, business establishment, etc., and wanting to sell the Defendant’s health assistive food. If the Defendant borrowed the name of F’s business operator who operates the victim so that he/she would allow the use of installment transactions in the name of F’s business operator, he/she would pay 22% of the amount of the goods as fee, and if the business fund

The purport of “a business agreement was entered into with the victim.”

However, the Defendant did not have any intent or ability to repay the amount even if the Defendant borrowed the business funds to the victim as it is difficult to pay the employee allowances as the business did not run well at the time.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million on September 21, 2012 under the name of advance payment for installment transaction fees under the business agreement from the victim; and (c) received KRW 20 million on September 24, 2012 from the agricultural bank account in the name of the Defendant’s wife to the agricultural bank account (H) in the name of the Defendant’s wife; and (d) received KRW 2 million on November 2, 2012 from the new bank account (I) in the name of J, the wife, to receive KRW 2 million on September 24, 2012, to receive KRW 34 million on a total amount of four occasions, such as receiving KRW 2 million from each of the bank accounts in the name of J, the wife (K).

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. The criminal defendant of false sales receipt can get the sales proceeds of health assistive food, etc. in F’s name among the business agreement contracts entered into with the victim under the above paragraph (1).