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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 24, 201, the Defendant entered into a contract for acquisition of rights with the victim E, stating that “The premium shall be KRW 20,000,000, deposit shall be KRW 50,000,000, and the monthly rent shall be KRW 24,000,000 in advance every October, and the monthly rent shall be KRW 1,24,000,000 shall be paid in advance in October every year, while the contract shall be extended every one year every three years after the termination of the contract.” The monthly sales shall be KRW 7,00,000,000 after the termination of the contract.”

However, the defendant was well aware that the remaining contract period is less than ten months as the above contract period is renewed on a one-year basis, but it can be extended every year, and he was paid money from the victim to F and former sub-contractors. Thus, there was no intention or ability to refund KRW 50,00,000 until October 10, 201, which is the expiration date of the contract.

The Defendant, by deceiving the victim as such, received 2,00,000 won of down payment and 20,000,000 won of deposit immediately from the victim, and received 20,000,000 won of rent on January 29, 201 from the victim, and received from the victim, under the same year.

2. The remaining deposit amount of 30,000,000 won has been received and for the same year; and

3. 17. 17. Receipt of KRW 5,000,000 as premium, and obtain a total of KRW 77,000,000.

Summary of Evidence

1. Each legal statement of the witness H and E;

1. Entry of part of the accused in the suspect examination protocol of the prosecution with regard to I and entry of the accused in the E and H;

1. E prosecutorial statement;

1. Entry of the defendant's partial statement and H's statement in the third police interrogation protocol against the defendant;

1. Non-prosecution decision;

1. Application of a contract for acquisition of right by a business store, and each written contract (62 pages of investigation records);

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

1. The reasons to view the Defendant guilty of the suspended execution under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1488, Apr. 1, 2006).