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

The defendant is from the 14th floor of Seongbuk-gu Seoul Metropolitan Government D building to perform the wholesale and retail of clothes and advertising agency business in the name of E.

1. On March 1, 2010, the Defendant: (a) leased G and Jung-gu Seoul Central District H Burial to jointly operate stores selling clothes in F’s trade name; (b) decided to jointly distribute expenses and profits; (c) however, it was difficult to bear the operating expense, etc. on the grounds that the said F Burial’s business performance is not good.

On June 4, 2010, the Defendant jointly operated the F shop from June 4, 2010 to August 4, 2011, to the Victim J (36) of the People's Republic of China's Republic of China's nationality in the International coffee shop in Jung-gu Seoul, Seoul, and concluded a joint operation agreement with the victim to the same effect as the victim, stating that "the amount of KRW 84 million determined for the 14-month operating expenses shall be shared by the Defendant and the victim jointly investing in the amount of KRW 42 million, respectively, and the amount of KRW 84 million shall be borne by the Defendant and the victim."

However, in fact, the Defendant did not have any specific financial ability even after receiving investments from the victim, and therefore, the Defendant did not have any intent or ability to use the victim’s investment funds as expenses for operating E, as well as for using the funds invested by the victim as expenses for operating E. Therefore, the Defendant did not have any intent or ability to use the fund for 14 months.

As above, the Defendant, by deceiving the victim, received from the victim the remittance of KRW 41,870,690 under the pretext of investment on June 10, 2010.

2. On August 4, 2010, the Defendant involved in the joint operation of the K brand: (a) invested KRW 100 million in operating expenses to the victim in the hotel in which it is difficult to know the trade name in the Chinese heart from August 1, 2010 to December 31, 2014; and (b) jointly invests KRW 50 million in operating expenses from August 1, 2010 to December 31, 2014; and (c) shared product planning, production, sale, marketing, etc. for the K trademark.