A defendant shall be punished by imprisonment for not less than eight 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

On October 7, 2016, the Defendant entered into a contract to pay the “D” stores in Ansan-dong, where B and the Defendant had been operating at the same time, the down payment of KRW 5 million on the day of premium 45 million, the intermediate payment of KRW 35 million until October 20, 2016, and the remainder by January 30, 2017.

At the time, B was able to raise funds worth KRW 20 million, and the Defendant agreed to pay KRW 20 million, excluding the balance of KRW 5 million, through a business credit loan, but it was not possible to obtain a business credit loan due to the fact that two business credit loans have already been implemented at the above store. The Defendant was well aware that B was unable to pay the remainder of KRW 20 million out of the premium due to the above circumstances, and around December 26, 2018, the Defendant again acquired the said store from B and concluded a contract to return KRW 20 million to B.

Nevertheless, on January 10, 2019, the defendant received a written complaint against B from the public service center of the Dong-dong Police Station in the Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, and then made a statement by the complainant at the economic1 team office of the above police station around January 16, 2019.

The contents of the above complaint and statement were as follows: “B by deceiving the Defendant without the intention or ability of the Defendant to pay the full amount of the premium, only KRW 20 million out of the premium shall be paid, and the remainder of KRW 25 million shall be transferred the goodwill of the store without paying the full amount of the premium, and acquired by deceiving the business rights equivalent to KRW 45 million in the amount of KRW 45 million.”

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The police statement of the defendant;

1. Each interrogation protocol of the police officers first and second times (in the case of second round, including the part of interrogation to the accused);

1. The suspect B.