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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Power of crime] On May 10, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court, and the judgment on May 18, 2016 became final and conclusive on May 18, 2016.
[Criminal facts] The Defendant is the representative of C Co., Ltd. who conducts franchise business.
On April 2013, the Defendant stated that “The Defendant would allow the Victim D to conduct a franchise business if the Defendant bears KRW 200 million deposit for the lease to E, at the Home Packer parking lot located in the Dong-gu Dong-gu, Seoyang-gu, Seoyang-si.”
After that, the Defendant received KRW 20 million from the injured party in advance as the down payment to E, a corporation around May 8, 2013, and concluded a lease contract with C and E around May 10, 2013, and then remitted KRW 20 million as the down payment to E, a corporation around May 30, 2013, and received KRW 180 million as the remainder for the remainder from the injured party on June 5, 2013. < Amended by Act No. 11873, Jun. 5, 2013>
Accordingly, the Defendant prepared a new lease agreement in which the deposit of KRW 150 million was reduced to KRW 150 million on June 15, 2013, and then remitted only KRW 130 million on June 30, 2013 to E Co., Ltd. for balance, which led to the Defendant’s obligation to immediately refund KRW 50 million to the victim.
Nevertheless, on July 1, 2013, the Defendant was aware that the deposit amount of KRW 150 million was reduced to KRW 150 million between Co., Ltd. and E and the Defendant could be immediately demanded to return the amount of KRW 50 million reduced to KRW 150 million at a non-permanent place on July 1, 2013, and the Defendant was able to use the said KRW 50 million for its own business fund. The lease between the victim and E is a lease that C entered into with E.