The defendant shall be innocent.

1. On September 28, 2012, the Defendant, as the representative of the facts charged, engaged in franchise business with the trade name “F,” and entered into a franchise agreement with the victim for the “F store,” which entered into with the Korea Business Start-up Support Center located in Gangnam-gu Seoul, Seoul, and with the “F store,” which entered into a contract with the victim for entry into the first floor located under H located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and was paid a sum of KRW 140 million from the victim.

However, on June 23, 2014, the Defendant was notified by H that the said “F” store should be removed by July 31, 2014 on the grounds of business depression, etc., and the Defendant did not pay KRW 140 million to the victim upon the completion of the franchise agreement. The victim rejected the store scrap.

On October 30, 2014, the Defendant rejected the receipt of the store scrap because the victimized person was not entitled to return gold, and the Defendant made a false statement to the effect that “the victim is entitled to receive 60 million won from the store store and return 60 million won from the store store without molding until November 30, 2014, and that “the franchise shall be 60 million won and returned, and the agreement shall be terminated to the effect that the remainder of the franchise shall be waived.”

However, the Defendant did not have the intent or ability to pay 60 million won to the victim due to the poor financial standing of the “F” franchise business at the time.

As above, the defendant deceiving the victim and caused the victim to receive payment of KRW 140,000,000,000,000,000 which should be paid by the defendant for the same day, and had the agreement terminated on the franchise agreement, thereby taking economic benefits equivalent to the remaining KRW 80,000,000,000 from debt exemption.

2. Facts of recognition and judgment

A. In full view of the evidence duly admitted and examined by this court, the following facts are recognized.

(1) On September 28, 2012, the Defendant entered into an entrusted operation contract under the following terms and conditions (hereinafter “instant entrusted operation contract”).

Section 1 of this Agreement.