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

1. On February 7, 2013, the Defendant acquired 30 million won or more, saying, at a gallonyian department store located in Seo-gu Daejeon, Daejeon, the Defendant would have the victim C (Nam and 50 years of age) take over the “Mallontototomatomato,” which is located on the nineth floor of the Agalian department store, with the franchise fee of KRW 30 million,000,000,000 to be paid to the principal company.”

However, in fact, it was not necessary to pay franchise fees to the head office for the above Lestop takeover, and it was thought that it was used to pay personal debt by receiving money from the victim.

Accordingly, the victim acquired 30 million won from the victim to the one bank account (E) in the name of the defendant's wife on the same day.

2. On February 25, 2013, the Defendant acquired 50 million won by fraud means that “A victim C shall pay 50 million won by December 31, 2013, if the Defendant borrowed 50 million won franchise to open the “H” within G located in the Daejeon Dong-gu, Daejeon.”

However, in fact, it was thought that the victim would receive money from the victim to use it to repay his personal debt, and even if the personal debt was about 300 million won at the time, there was no intention or ability to repay it according to the agreement.

Accordingly, the victim acquired 50 million won from the victim to the one bank account (E) in the same name on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the examination of partially the police suspects of the defendant on the first and second occasions (including the part in Category C among the second examinations);

1. Statement of the police statement regarding C;

1. Each certificate of borrowing;

1. Copy of the transaction of passbook;

1. The application of Acts and subordinate statutes to report on investigation (to hear statements of suspects and submit materials);

1. Relevant Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The degree of intention, agreement, or suspension of execution under Article 62(1) of the Criminal Act;