A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Based on the facts admitted by evidence, part of the facts charged was revised to the extent that the defendant's right of defense is not infringed.

On May 2016, the Defendant: (a) between B and B, the Defendant acquired 75 million won in money in B in the name of B; and (b) the Defendant agreed to pay monthly profits to B.

According to the above agreement, the Defendant: (a) on June 2, 2016, at a car page where the trade name in Gyeyang-gun C is unknown; (b) from the seller D to the buyer, he/she takes over the purchase price of KRW 75 million from the purchase price of KRW 75 million (the sum of lease deposit KRW 45 million and the purchase price of facilities, goods, etc.); and (c) around that time, the Defendant entered into a commercial lease agreement with the F, a lessor of the building located in the said shop and entered into a commercial lease agreement stipulating the lease deposit as KRW 45 million in the name of B; and (d) registered the business in the name of “G,” and thereafter, registered the business in the name of “G,” and operated the said “G.”

The Defendant sentenced the victim H to take a telephone on September 2016, 2016, when the profits from the operation of “G” was lower than the anticipated amount, and the Defendant told the victim H to sell the money if there is an intention to commit suicide.”

However, as the Defendant received only the actual operation of “G” from B, the Defendant did not have the right to operate the said store and manage the profits therefrom, and did not have the right to dispose of the profits therefrom. Since the lessee of the building mentioned above did not obtain the consent on the disposal of the inside facilities, goods, etc. from B, the owner of the said inside facilities, goods, etc., the Defendant did not have the ability to transfer the said right of lease and ownership to the victim.

Nevertheless, as the Defendant could transfer the above right of lease and ownership to the victim, the Defendant deceiving the victim and around September 2016.