A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant, from March 2014, operated “D” coffee shop on the third floor of the building located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul along with B.

The Defendant operated the said coffee shop for about two years, but the monthly average sales of the said coffee shop was merely about KRW 6,070,000,000,000 per month, while the expenses paid every month exceed the average of KRW 6,00,000 per month, and thus, even if operating the said coffee shop, it was in fact impossible to make profits or rather deemed losses.

When the defendant continues to operate the above coffee shop, there was a high possibility of increasing damages only, and there was no way to recover the money paid at the facility investment cost if it closes the shop as it was, so the defendant was able to receive the premium and to transfer the above coffee shop in return for paying the premium.

Accordingly, around February 2016, the Defendant made a false statement to the victim E, who was a part of the coffee set up in the Seoul Gwanak-gu Seoul Special Metropolitan City Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City 70 million won a monthly average sales to operate the coffee set up in F, which is about KRW 10 million, as he first operated the coffee set up. Since he could sufficiently raise a sales to approximately KRW 8 million a day since he would operate the coffee set up, he could obtain a profit of KRW 2 million a month by employing employees, and if he did not have money, he would transfer the coffee set up a premium of KRW 70 million a month with a loan to a micro enterprise.”

However, in fact, the coffee shop operated by the defendant was in the situation of raising profits, and in the case of coffee shop, sales depends on the location, so the victim could not make profits more than KRW 2 million per month even if he operates the coffee shop.

The Defendant received KRW 7 million from the victim as premium in March 15, 2016 and KRW 63 million from April 12, 2016 to the account in the name of a corporate bank designated by the Defendant.

In this respect, the defendant deceivings the victim to take property.