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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around December 2013, the Defendant leased an empty space adjacent to “Ecell promptly” bank operated by Songpa-gu Seoul Metropolitan Government D in Songpa-gu on the condition that the Defendant paid only electricity rent of KRW 200,000 to KRW 300,000 per month without monthly rent from said D, and operated “F laundry” therein.
The Defendant had operated the said laundry for a period of two months from that time, but was committed with the intent to waive the business of laundry and dispose of the equipment such as laundry to the extent that it could not be paid a monthly electric rent of about KRW 200,000,000 for each month, and attempted to have the victim G (the age of 41 at that time) who had installed laundry equipment in the above laundry, by deceiving the victim as if he were to transfer laundry to the victim.
Around January 28, 2014, the Defendant: (a) stated that the said laundry is not a business to the extent that the said laundry is unable to pay electricity; and (b) the Defendant did not intend to transfer the laundry even if he received the price of the laundry from the victim, the Defendant: (c) stated that “The Defendant may be punished by the amount of KRW 700,000 if the net income of the laundry is much from KRW 1 million a month to KRW 1 million; (d) continuously tried to operate the laundry until he/she is able to operate the laundry on his/her own; and (e) provided that he/she would transfer the entire laundry facilities and rights to the laundry at any time until he/she is able to operate the laundry; and (e) obtained KRW 100,000,000 from the victim on the same day as the down payment; and (e) obtained KRW 1 million on February 17, 2014.
2. The Defendant, as stated in the preceding paragraph, received KRW 10,000,000 from the victim for the said laundry money as stated in the said paragraph, is false that the victim would benefit each month. The Defendant, in fact, did not pay the electric rent of the laundry and did not demand the laundry to withdraw from the building, if the Defendant did not pay the electric rent from laund.