A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant was a person who operated G in Seocho-gu Seoul Metropolitan Government F.

On May 201, the Defendant, through H, a business start-up consulting worker, mediating the purchase and sale of the above coffee specialty store in the above G, offered to the victim E the monthly average sales of KRW 50,000 won or more. The Defendant changed the price of KRW 320,000 premium to transfer the business rights of the above coffee specialty store. The Defendant displayed the data of the store management computer system (POS) in which the monthly average sales amount to KRW 45 million.

However, in the course of operating the above coffee specialty point, the Defendant attempted to transfer the above coffee specialty point to another person, and acquired the premium by fraud. From December 2, 2010 to May 201, the Defendant entered the premium in addition to the false sales retroactively by ordering I, the point manager, from December 2, 2010 to May 201, or added the monthly average sales at KRW 45 million by falsely manipulating the sales data by manipulating the order time of the store management computer system after the closing of business hours.

Nevertheless, the Defendant deceptioned the victim as above, and then acquired 20 million won of the down payment from the victim on May 17, 201, 18 of the same month, 100 million won of the intermediate payment around the 18th day of the same month, and 200 million won of the balance around the 23th day of the same month, respectively, as the premium, and acquired 320 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the witness E and I in whole or in part of the protocol of the second and sixth trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the substitute part of H and E);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the data on sale;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The scope of liability for compensation under Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders, etc. is not clear;