A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the head of the (State)C headquarters that operates a restaurant in the form of franchise, and is a person who actually operates the above company on behalf of the head of the headquarters, a representative director.

On March 10, 2013, the Defendant leased and operated the “F” restaurant from the victim G and the (ju) G to the Defendant under the name of the Defendant, and agreed to divide the amount of KRW 26 million from the victim’s prior to the operation of the facility investment, etc. into KRW 145 million out of the total amount of KRW 145 million already received from the victim, such as the I restaurant start-up investment fund in the H building, the F restaurant business investment fund in the J building Pot, etc., into the victim’s investment funds. The Defendant also invested KRW 96 million in the facilities, main facilities, and the sales expenses, etc., and agreed to divide the shares of KRW 50 million into KRW 50 million, respectively.

However, in fact, the franchise, a business entity operated by the defendant, has not been 530,5360,000 won of its liabilities and did not have been able to repay its existing liabilities because of its poor business, and the defendant has not been able to repay its liabilities. The defendant received 500,000,000 won of its own exclusive real estate market value from K as security for the above liabilities because it has no funds, and has not been able to cover part of its investments, and the defendant did not have the intent or ability to invest its funds, and the actual amount of its investments was limited to 160,000,000 won.

As such, the Defendant, by deceiving the victim, invested the victim's investment in the above "F" restaurant in the sum of KRW 160 million, including the sum of KRW 50 million, and KRW 160 million, and KRW 50 million, and acquired 50 percent of the share in the above restaurant in the name of the Defendant, and acquired 30 million ( KRW 160 million x 1/2) - 50 million from the above restaurant in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor’s statement of K (including the G statement) 1.