The crime of fraud and occupational embezzlement in the judgment of the defendant shall be punished by imprisonment with prison labor of one year and ten months.

Punishment of the crime

[criminal power] On October 6, 2010, the Defendant was sentenced to a suspended sentence of 2 months for the crime of forging official documents at the Suwon District Court, which was sentenced to a suspended sentence of 6 months on the 14th of the same month. The judgment was finalized on September 28, 201, which was sentenced to a suspended sentence of 1 year for imprisonment with prison labor for the crime of forging public documents, etc. at the same court on September 28, 201. The judgment became final

【Criminal Facts】

The defendant of "2012 Highest 3240" is a person who has been entrusted with the operation of the cafeteria from October 2007 to (State) the cafeteria.

On July 3, 2008, the Defendant entered into a contract with D to transfer the above restaurant operation right in KRW 35 million, and thereafter, the Defendant was subject to provisional attachment of the Defendant’s right to request food materials on behalf of the Defendant from the suppliers of food materials, and the Defendants did not enter into a contract with the Defendants in the State (State)C. Thus, even if the Defendant received the acquisition of the right to request the restaurant operation from the victim E, the Defendant could not transfer the right to operate the restaurant, and there was no intention or ability to pay KRW 5 million with the net profit each month.

Nevertheless,

1. On July 2008, the Defendant made a false statement to the effect that the Defendant would be able to obtain the Defendant’s right to operate the cafeteria from the F (State) C cafeteria located in the Seocho-si, 2008, by acquiring the Defendant’s right to operate the cafeteria, and instead, the cafeteria operated within the cafeteria and paid KRW 5 million with the monthly income of KRW 35 million.”

The Defendant, by deceiving the victim as above, received from the victim the transfer of KRW 5 million in total from the G account designated by the Defendant on July 23, 2008 and KRW 35 million in total from the same account on August 1, 2008, as the acquisition money of the restaurant operation right.

2. On Aug. 14, 2008, the Defendant: (a) on August 14, 2008, at the above restaurant, the Defendant was paid food expenses from the trustor (ju)C, the user of the above restaurant until the recontract was not renewed; and (b) on the part of the victim, the Defendant was unable to receive food expenses from C, and paid the food expenses.