1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 18, 2015, the Defendant, at the D Law Firm Office located in Yeongdeungpo-gu, Suwon-si, Suwon-si, in order to acquire all business facilities of G in Suwon-si, which were known to customers, in total in KRW 48 million including deposit and premium, from the victim E.

The monthly 200,000 won would be paid in 24 installments, and thus, the first time, the store was changed so that it can operate the business.

However, since 2002, the defendant did not have any intention or ability to pay the price even if he acquired business facilities because he had been in bad credit standing and had no specific assets.

Nevertheless, the Defendant received business facilities equivalent to KRW 48 million from the injured party who caused such false statements, and took over business facilities equivalent to KRW 48 million, and took profits equivalent to the same amount as above.

Summary of Evidence

1. A witness E’s statement (around November 2015, 2015, to the effect that, at the time of giving the instant store to the Defendant, the Defendant entered into an oral contract and prepared a process deed with no knowledge that the Defendant was bad credit standing, and the Defendant and his defense counsel knew that the Defendant was bad credit standing, and the Defendant and his defense counsel believed that the Defendant was bad credit standing, and delivered the instant store to H and I, and thus, the Defendant did not deceiving the victim.

However, according to evidence duly adopted and examined by this court, E, without knowledge of the fact that the defendant was in bad credit standing, was prepared by the defendant and then the defendant paid the acquisition price.

It is recognized that the defendant trusted and transferred the store of this case to the defendant.

Since a crime of fraud is established when the defendant takes over a store from E, if E does not pay the price promised by the defendant, E agrees to change the name of the tenant to I, the will of the defendant, in the name of the defendant.