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.

[criminal record] The defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Central District Court on January 28, 2016, and the judgment became final and conclusive around February 5, 2016.

[2] The Defendant has operated C Co., Ltd. (hereinafter “C”) with the main purpose of franchise business as “B”.

The Defendant, around August 16, 2013, at the C office located on the third floor of the Gangnam-gu Seoul Metropolitan Government D Building, paid the victim E the amount of KRW 2.5 million per month if he/she lends the money to the victim E to use as a test cost or a deposit for rent of KRW 1,200,000,000, which is to be opened at C, and repaid the principal on February 16, 2014, which is later than six months.

“In doing so, I concluded a monetary consumption lending contract with the victim.”

However, the Defendant did not have any experience in restaurant franchise business, and immediately invested KRW 50 million from F on August 1, 2013 to establish B1, but the opening was delayed due to lack of human test costs. In relation to B B 2, which was being prepared for new opening, there was a lack of KRW 30 million out of the lease deposit amount of KRW 100 million to the building owner, the two points were not opened, and even if the Defendant borrowed money from the damaged party, such as the one with very little possibility of generating profits through the franchise business operation, there was no intention or ability to pay the principle properly.

On August 16, 2013, the Defendant, by deceiving the victim, received a total of KRW 50 million, including KRW 40 million from the victim, to the Agricultural Cooperative Account under the name of the Defendant, and KRW 10 million from the same account on the 22th day of the same month, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E in the police interrogation protocol against the defendant

1. Statement made by the police for E;

1. A loan contract for full consumption of gold and a certificate of borrowing;

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (the results of confirmation of the previous convictions of the disposition);