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

On June 30, 2011, the Defendant stated to the effect that “The Defendant would take over the instant main points with KRW 175 million and KRW 175 million until November 30, 201,” at the main point of “E in the wife population C and the 3rd floor located (hereinafter “instant main point”).”

However, in fact, the Defendant was in bad credit standing, and only the profits of “G” and “I” located in “G” and “I” located in the Busan Dong-gu, Seonam-gu, Busan, which is the sole cause of the Defendant’s operation, did not have any intent or ability to pay the total amount of KRW 175 million.

As above, the Defendant, by deceiving the victim as above, obtained business rights of the main office of this case equivalent to KRW 175 million from the victim on June 30, 201, and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes concerning a certificate, notification, and each business notification certificate;

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. The defendant's assertion and defense counsel's assertion and determination of Article 62-2 of the Social Service Order Criminal Act and the defendant and defense counsel claimed that the defendant tried to pay the victim the amount of transfer of the main points of this case with the proceeds from arranging "G" and "I" operated at the time. However, the defendant's failure to pay the amount of transfer to the victim due to the failure to comply with the plan, and that the defendant did not receive the business rights of the main points of this case by deceiving the victim without the intention or ability to

In contrast, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① even based on the Defendant’s assertion, “I” was in the state of being fit from the beginning of the business, and the “G” also was the Defendant.