On November 21, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court on November 21, 2014, and the said judgment became final and conclusive on August 7, 2015 through an appellate court and a final appeal court.

Criminal facts

On June 10, 2013, the Defendant: (a) in the victim D (representative E) Co., Ltd. located in Guro-gu Seoul Metropolitan Government on June 10, 2013, the Defendant: (b) the vice president F of the said D, “The Hart Club on the first floor in the G underground was acquired until June 20, 2013, and decided to operate the club from that time. When the Defendant borrowed the funds, all alcoholic beverages will be supplied exclusively from D for three years from June 20, 2013.”

However, on May 6, 2012, the Defendant concluded a contract to acquire the above 3 billion won, and agreed to pay KRW 60 million around May 6, 2012, KRW 440 million around May 24, 2012, KRW 800 million around June 7, 2012 as down payment and intermediate payment; however, the Defendant failed to pay the above down payment, etc. at all because it did not raise funds at the time. Furthermore, the above 3 months of management expenses for the 3-month period, and the Defendant had no intention or ability to pay it even if 40 million won was lent in consideration of alcoholic beverages supply.

Nevertheless, the Defendant made a false statement as above, and caused the victim company to pay KRW 39,836,50 to the account in the name of the victim, who is an operator of the age club at that time, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

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

1. A contract for transfer of the operating right, a business registration certificate, and an authentic deed;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The fact that the punishment of the latter part of Articles 37 and 39(1) of the Criminal Act is delayed and is pened, and the same as the offense for which judgment has become final is to be tried concurrently with the offense for which judgment has become final and conclusive: Provided, That the damage is inflicted;