However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On August 8, 2014, the Defendant issued a right to operate a restaurant to the victim D at the site of demolition of the new construction of the complex building in Yongsan-gu Seoul, Yongsan-gu, Seoul.

In the meantime, the amount of KRW 60 million, including the construction cost, etc. that the restaurant was opened and opened, was about KRW 60,000,000,000, and there was a restaurant business license, and there was no problem about receiving the business registration certificate.

“A false statement” was made.

However, at the time, the defendant had no money used as a cafeteria construction cost, and even if he received money from the injured party, he had no intention or ability to have the injured party operate the cafeteria normally.

Nevertheless, the Defendant entered into a contract for the transfer of a restaurant around August 28, 2014 with the victim, which is located at the end of the foregoing Defendant’s false statement, and received total of KRW 49 million on a total of four occasions by receiving KRW 10 million around September 19, 2014, KRW 3 million around September 25, 2014, KRW 10 million around September 25, 2014, and KRW 26 million around October 7, 2014.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness D, E, F, and G;

1. Investigation report (H and I investigation);

1. Application of Acts and subordinate statutes to a contract to enter into a restaurant at the site (5, 6, and 8), a statement of deposit, a certificate of business report, a letter of undertaking, and a statement of transaction;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is in mind [the scope of the recommended sentence] general fraud (one month to one year) [the person who has been specially mitigated] in the mitigated area (one month to one year] [the sentence is decided] in the case where the defendant was unable to operate the restaurant due to the aggravation of health, and the defendant committed a crime in order to recover the investment money, etc., and the motive exceeds the fine.