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

피고인은 2014. 8.경 남양주시 C에 있는 D에 있는 자신이 운영하는 E 세탁 매장에서, 그 매장 매도 광고를 보고 찾아온 피해자 F에게 “직원 1명을 오후 5시부터 9시 30분까지 쓰는데, 그 알바비와 D 관리비 등 제반 경비를 전부 제하고 월 300만 원 상당의 수익이 발생하고 있다. 이 매장을 운영해 현대아이파크 아파트도 샀다.”라고 거짓말을 하고, 2014. 10. 19.경 같은 장소에서 피해자에게 “전 점주인 G에게 권리금으로 1,840만 원을 주었는데, 내가 지급한 권리금 보다 300만 원을 저렴하게 받을 테니 권리금 1,540만 원을 주면 매장을 양도하겠다.”라고 거짓말을 하였다.

However, even though the defendant had operated the above store, he was merely 1 million won per month, and even though he was able to gain profits equivalent to 3 million won per month, he lost the value of the above store as if he had been able to gain profits, and even though he did not have paid the premium to G, the former owner of the store, the defendant made a false statement as if the premium had existed from the beginning.

As above, the Defendant, by deceiving the victim as above, received from the victim the sum of KRW 3 million around October 20, 2014 and KRW 15,40 million around October 21, 2014 from the victim’s bank account under the name of the Defendant, and acquired the victim by money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of each Act or subordinate statute to describe sales contract, details of passbook transactions, receipts, sales contract (A), and output of computerized data on sales status;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. As to the Defendant’s assertion of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below), the Defendant only 1 fling the victim with monthly profit of the burial of this case as KRW 2 million to KRW 3 million, and 2 fing the previous fings.