A defendant shall be punished by imprisonment for six 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

On February 1, 2009, the Defendant entered into a lease agreement with the lessor D and deposit amounting to KRW 50 million, monthly rent of KRW 1 million, and the contract term until January 8, 2014, and operated a restaurant with the trade name of “E” on the 1st floor of Daegu Suwon-gu.

On January 30, 2013, the Defendant concluded a sales contract for commercial license with the victim on January 30, 2013, stating that “The Defendant would transfer the goodwill of KRW 70,000,000 for the premium to the victim F and allow funeral services for the next five years,” and entered into a sales contract for commercial license with the victim around January 30, 2013.

However, at the time, the Defendant had expressed his/her intent not to renew the contract to the Defendant due to disputes such as D and C failure to pay monthly taxes, etc., which are the lessor of the above restaurant building, and even if he/she receives the premium from the victim, even if he/she is given the premium from D on January 29, 2013, he/she did not have any intention or ability to allow the victim to operate the “E” restaurant at the same place for five years from the date of the contract.

As such, the Defendant, by deceiving the victim as such, received from the victim a total of KRW 15 million on January 24, 2013, around January 26, 2013, KRW 5 million on or around January 26, 2013, KRW 10 million on or around January 30, 2013, KRW 20 million on or around February 7, 2013, KRW 20 million, and KRW 20 million on or around February 8, 2013 from the victim to the head of G bank in the name of the Defendant’s wife.

Summary of Evidence

1. Each legal statement of the defendant and witness D in part;

1. Statement made by the prosecution with respect to F;

1. Statement of the police statement concerning F;

1. An investigation report (a summary order on the case of forging or using the defendant's main contract related to the building of this case, a summary order, a judgment, a criminal investigation report, a criminal investigation report (to listen to a complainant's telephone statement), a criminal investigation report (to listen to the statement of account statement), a complaint, a sales contract for commercial buildings business, and a real estate lease contract.