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.

On February 2, 2020, the Defendant, located in Songpa-gu Seoul Metropolitan Government, entered into a sales agreement with the headquarters, and the victim B, “D entered into a sales agreement with the headquarters,” and the victim B, who entered into a sales agreement with the headquarters. If deposit of KRW 2,00,000,000 is made under the name of the franchisee, he/she may register his/her franchise in the area, and the E franchise website and the food payment settlement system will be established after three weeks after the deposit.

“.....”

However, in fact, the defendant did not obtain the authority to recruit the sports area franchise store from the E-head office F (hereinafter referred to as the "F"), and even if he received money from the injured party under the pretext of the franchise, the victim did not have the intent or ability to allow the injured party to register the E-affiliated store in the area of the Hanam-si, Seoul.

Around March 6, 2020, the Defendant deceiving the victim as above and transferred KRW 22 million to the national bank account (G) with D’s name around March 6, 2020 to the victim.

Summary of Evidence

1. The defendant's partial statement (the part recognizing the remittance of money in its holding) in the police interrogation protocol for the defendant (the part stating that there is no additional contract with F in relation to the extension of the membership recruitment area)

1. Statement made by the police against B;

1. Application of each investigation report (Submission of a written complaint, the head office representative currency, reference H H currency, and the content of the inspection), project proposal, agency contract (E) document, transfer confirmation certificate, e-mail related to Seoul total market, agency recruitment contract, notice of termination of contract, confirmation notice, etc., e-mail-related Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Determination as to the assertion by the accused and the defense counsel under Article 25(1)1, Article 31(1), Article 31(2), and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Compensation Orders and Sentence of Provisional Execution.