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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who has operated the “F Fishing Institute” in the Songpa-gu Seoul Metropolitan Government E Commercial Building A, 502 and 503.

On May 1, 2015, the Defendant issued a false statement to the victim H that “The number of students of the above fish driving school is about about 112, and the number of students of the above fish driving school is about. The monthly net income is KRW 15,00,000, and the above fish driving school is acquired.”

However, at the time of fact, the number of students of the above fish driving school is about 40 to 70, and there was little net profit each month, and the defendant did not pay rent for the above fish driving school between several months.

As such, the Defendant, by deceiving the victim, entered into a contract for the transfer of the right to the said fish driving school with the victim, and acquired a total of KRW 75 million including KRW 45 million for the remainder payment on May 22, 2015, KRW 20 million for the intermediate payment, and KRW 45 million for the remainder payment on May 29, 2015, from the victim.

Summary of Evidence

1. Legal statement of a witness I;

1. Statement made by the witness H in the third public trial records;

1. The Seoul High Court Examination Report;

1. Recording notes of testimony and copies of reference materials for reporting value-added taxes;

1. Statement made by the police with H;

1. Written statements of J, K, L and M;

1. A copy of a contract for transfer of rights;

1. Copy of deposits, copies of receipts, details of transfers, and account transfers;

1. A copy of a real estate lease agreement;

1. A copy of the current status of students;

1. A false list for six months;

1. Recording notes;

1. Each text message;

1. On May 2015, the list of school students [the evidence revealed as follows: ① the number of school students who paid tuition fees on a card from January to May 2015, 2015, from 25 to 52 family members per month (37 persons in April and 25 persons in May); the number of school students who transferred tuition fees to the account was about 10 persons; and the number of school students who paid tuition fees in cash was over 30% of the total number of school students (in accordance with N’s legal statement favorable to the defendant, the number of school students who paid tuition fees was 30% of the total amount of account transfer, including the account transfer.