A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

The defendant has been working as an auditor in D's management corporation of the victim C, and has overall control over the operation affairs.

On March 2014, the Defendant stated that “F Mart,” which was operated in the foregoing D, was closed down due to a business depression, and that “the Defendant would pay KRW 260 million to the Defendant upon transfer of the instant Mart at the prime place.”

However, in fact, the Defendant did not have any special revenue in addition to receiving monthly wage of one million won while working in D, and did not have any other property owned by the Defendant. Even if the Defendant acquired and operated the instant marina, he did not have any funds to pay new goods, and thus, he did not have any intent or ability to pay the acquisition price of the instant marina.

On June 9, 2014, the Defendant received from the injured party all types of assets equivalent to KRW 100,000,000,000 attached to the instant marina and KRW 160,000,000 attached to the instant marina.

Accordingly, the defendant acquired property benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Complaint;

1. Each monthly rent contract for commercial buildings (the net 3.9), business takeover agreement (the net 7), detailed statement of tangible assets (the net 8), process certificate (the net 10), each (the net 11), notice of credit transfer (the net 12), comprehensive transfer transfer confirmation (the net 13), and business waiver statement (the net 14);

1. Certified copy of the corporate registry (net 2), certificate of business registration (D): Representative C (net 4), certificate of business registration: Representative G (net 5), certificate of business registration (D): Representative H (net 6), certificate of business closure (net 15), Defendant and defense counsel’s assertion, and Defendant and defense counsel’s re-sale of the instant marina shall pay the remainder of money and balance.