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

Punishment of the crime

On February 6, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Cheongju District Court, and the said judgment became final and conclusive on April 25, 2015.

The Defendant, who operated the headquarters of the restaurant store in the name of “B” and “C”, was faced with economic difficulties due to the aggravation of business management and the excessive debts of individuals. On June 2014, the Defendant made a false statement to the victim D, who was operating another franchise store by the Defendant at a non-place, that “E store is a plan to establish C franchise store at the E third store, and that the Defendant would allow the Defendant to operate the said franchise store if he/she grants the cost of opening the franchise store.”

However, in fact, the Defendant did not enter into any agreement on the sales of the restaurant called “C” at the headquarters E and E, and the E, the E, third-class store did not have any plan on the sales of the “C”, and was planned to offer F to operate the E, “C” store at the E, so the Defendant did not have the right to allow the victim to open the E, third-class store at the E, third-class store.

Furthermore, the Defendant was thought to use the money in the name of the cost of opening a franchise store after receiving the money from the victim as personal debt repayment and gambling funds, so even if the victim received the cost of opening a franchise store from the victim, the Defendant did not have the intent or ability to open a restaurant store called “C” at the E Sejong store.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 140 million in total from the victim to the Daegu Bank account in the name of the Defendant, for the purpose of opening a franchise store, under the pretext of the cost of opening a franchise store. The Defendant received KRW 30 million on June 9, 2014, KRW 30 million on June 13, 2014, KRW 30 million on June 21, 2014, KRW 15 million on July 31, 2014, and KRW 50 million on July 18, 2014 from the victim to transfer KRW 146 million in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of Police Statement concerning D, respectively.