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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On August 13, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment with labor for a violation of the Specialized Credit Financial Business Act at the Seoul Central District Court on December 11, 2015, and the above judgment became final and conclusive on December 11, 2015. On May 3, 2016, the Seoul High Court sentenced two years to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court on May 3,
【Criminal Facts】
The defendant entered into a contract with C viewing and entrusted management of the premises, and is a person who actually operated D, a corporation entrusted with C viewing premises.
The Defendant, around January 2013, at the office of the Gangnam-gu Seoul Metropolitan Government, called "at least 50 public offices stores in Gyeonggi-do and Seoul Metropolitan area have been operated, and the right to operate a store in C viewing has been one of the stores. The Defendant said that the amount of the profit is KRW 10 million from KRW 8 million per month and the deposit is KRW 180 million, the amount of the deposit is KRW 180 million."
However, the facts revealed that G was entrusted with the Defendant with the operating right from October 201 to February 2013, but operated the C audience premises from around 2011 to around 2013, but it did not generate profit, and rather, it did not cause damage to KRW 50 million, and even if the victim paid the Defendant the deposit and operated the premises in accordance with the agreement, it was difficult to bring profits to the Defendant first talked by the Defendant. Moreover, at the time, the Defendant was at the expense of KRW 1.2 billion, and even if the contract was terminated, the Defendant did not have the intent or ability to return the deposit to the victim even after the contract was terminated.
Around February 23, 2013, the Defendant, by deceiving the victim as such, entered into a contract for the operation of the C viewing premises with the victim, and received KRW 180 million from the victim as a security deposit.