A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a substantial proprietor of “B” company that sells Kim, Dried, etc.

On June 9, 2012, the Defendant called the victim E at the D office located on the sixth floor of the Gangnam-gu Seoul building C, Gangnam-gu, Seoul, that “The Defendant would allow the victim E to operate the Kim-gu's store for one year at E-mail store for a week.”

However, in fact, the Defendant made a verbal agreement on the F company and Kim-gu's sales store store store store tenant, which is the Embrypt event company, and since the period of sales store store store tenant is difficult for more than 6 months due to the nature of the event company and it is no longer good performance, the Defendant did not have the intent or ability to allow the victim to operate Kim-gu store store for one year.

Nevertheless, the Defendant received KRW 1 million from the victim on June 9, 2012, KRW 27 million on the 111th day of the same month, and KRW 30 million on the 12th day of the same month.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (second time);

1. Statement to E by the police;

1. A complaint;

1. Each investigation report, investigation report, and hearing of statements of witnesses;

1. Application of statutes on a store operation contract and a detailed statement of deposit transactions;

1. In light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, and the reason for sentencing the sentence of imprisonment option, the defendant was punished by fraud in 2009, and the defendant himself/herself, even though he/she did not have the ability to guarantee the business period by occupying 30% of monthly sales without a deposit, he/she received money from the victim at his/her own discretion without obtaining consent from the victim, without obtaining consent from the part of the marina or the F company, and returned only five million won to the victim even though the amount of fraud is reasonable, and the victim wanted to punish the defendant.