A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is a person who has been employed as a general president of the C&C corporation specializing in securing and trading the right to operate a cafeteria at construction site (hereinafter referred to as a "brine restaurant").

1. On March 26, 2012, the Defendant, at the office of “E” of 10th 2 of the Gangnam-gu Seoul Metropolitan Government DD Building 10th 2, the Defendant directly secured the victim F the right to operate the 1,147 apartment site constructed from the Ulsan Construction to the Southern-gu, Incheon Metropolitan City apartment construction site. The Defendant said that the right to operate the 50 million won is the down payment to reduce the operating right.”

However, the defendant did not have a direct right to operate the restaurant and did not have any intention or ability to grant the right to operate the restaurant to the victim.

Nevertheless, the Defendant deceiving the victim as above and acquired 50 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant as the down payment on the same day.

2. On March 28, 2012, the Defendant stated that “The victim H was entitled to the right to operate a restaurant at the building site of 2014 Atosi Game player village in the building site of 2014, which is being constructed from the construction of the GS construction and the construction of the Dong-dong, Nam-gu, Incheon, Nam-gu, Incheon, to the victim H. 1302 of the G building 1302.” The Defendant said that “The 50 million won difference as the down payment.”

However, in fact, the defendant did not have any intention or ability to grant the right to operate the boom, nor did he had any intention or ability to grant the right to operate the boom.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim as the down payment on March 29, 2012, from the victim, to the agricultural bank account under the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to H and F;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment