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

On May 15, 2018, the Defendant stated that “The head office of the D cafeteria operated by the Dispute Resolution Co., Ltd. Co., Ltd. is well in operation,” and that “The Defendant would pay the said amount to the Plaintiff before July 15, 2018, and would receive KRW 50 million for the Small and Medium Enterprise Start-up Loan.”

In fact, the head office of the above D cafeteria at the time is unable to operate it as an unauthorized construction problem, and there was no sales, and even if the defendant has a debt amounting to about KRW 50 million without any particular property, he was used by the victim for living expenses, repayment of debts, etc., so there was no intention or ability to establish a franchise store, or make repayment to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, transferred the amount of KRW 10 million on May 17, 2018 from the victim to the one bank account in the name of the Dispute Resolution Co., Ltd., and acquired KRW 20 million on May 30, 2018 by acquiring KRW 5 million in cash from the victim around May 30, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (Attachment of Results of inquiry into suspect credit information);

1. Application of Acts and subordinate statutes to accusation forms, letter of commitment, receipts, details of transactions, franchise standard contract, text messages;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, in full view of all the circumstances constituting the sentencing conditions indicated in the instant records, such as the following circumstances and Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, a sentence like the order shall be imposed.

The extenuating circumstances: the amount of damage is significant and the circumstances that are favorable to criminal punishment, such as the same kind of crime, are several times: the latter is late.