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

The Defendant is a person who, from May 15, 2009, operated a coffee shop in the trade name of Jongno-gu Seoul Metropolitan Government 10 million won from C to KRW 10 million and KRW 700,000 per month and operated a coffee shop.

On September 24, 2012, the Defendant sent a text message to the victim E to the effect that it would be difficult for the victim E to accept and operate the said coffee shop in terms of facility cost 35 million won, and concluded a contract for the acquisition and transfer of rights to the said coffee shop with the victim by sending it to the victim on September 24, 2012 to the effect that “A, the owner of the building, consented to the sub-lease of the building with deposit 10 million won, monthly rent 7 million won,” and that “A, the owner of the building, consented to the sub-lease of the building at KRW 10 million, monthly rent 7 million.”

However, in fact, C, the owner of the store, did not have consented to the sublease of the above condition, such as that the Defendant would not allow the sublease unless the condition of the sub-lease is determined as KRW 10 million per month in the deposit.

Around September 11, 2012, the Defendant, by deceiving the victim as above, received KRW 5 million as the down payment for facility expenses from the victim; KRW 10 million as the same intermediate payment around September 24, 2012; KRW 20 million as the remainder on September 27, 2012; and KRW 10 million as the deposit money on September 28, 2012; and obtained KRW 45 million as the title of facility expenses and the deposit, such as remittance of KRW 10 million as the deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the accusation, contract for the acquisition or transfer of right, commercial monthly rent contract, lease contract, each letter-to-mail photograph, each e-mail content, and each deposit confirmation document to statutes;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (i.e., reflection and agreement) are criticism in the applicable law of deception.