A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On November 20, 2009, the Defendant, a person running coffee sales franchise, etc. with the trade name of Co., Ltd., was sentenced to two years of imprisonment with prison labor for one year at the Seoul Central District Court on November 20, 2009, and the said judgment became final and conclusive on November 28, 2009.

In fact, the Defendant leased the store located in the Gangnam-gu Seoul Metropolitan Government E 1st floor F-16 from Nonindicted D in KRW 100 million, so even if the Defendant entered into a contract with the victim F and the franchise store with the victim, the Defendant did not have any intention or ability to transfer the claim for the return of the lease deposit amount of KRW 230 million to the victim beyond the claim for the return of the lease deposit amount of KRW 100 million against D.

Nevertheless, around January 2009, the Defendant entered into a franchise agreement with the victim F and C franchise agreement with the H office of Gangnam-gu Seoul Metropolitan Building 3rd floor, and concluded a franchise agreement with the victim F and C franchise agreement with the Defendant, as if the Defendant caused 2.3 million won, the Defendant’s claim for the return of the lease deposit with the above D were 2.3 million won. The Defendant stated that “If the Defendant entered into a franchise agreement with the Plaintiff with the deposit amount of KRW 2.3 million and the store rent the store, the Defendant would transfer the deposit deposit amount of KRW 2.3 million and the deposit amount of KRW 1.7 million paid to D for five years, including the deposit amount of KRW 2.3 billion and the personality cost of KRW 1.7 million,000,000,000 per month.”

On January 22, 2009, the Defendant acquired from the victim KRW 10 million in the name of contract deposit from the Korean bank account (Account NumberJ) of I on January 22, 2009, KRW 30 million in the name of contract deposit from the Korean bank account of A on January 28, 2009, KRW 200 million in the name of contract deposit, February 2, 2009, and KRW 160 million in the above A’s account on February 27, 2009.

around February 19, 2009, the Defendant opened the Cro-gate, a coffee specialty store, at the H office located in the third floor of the Gangnam-gu Seoul Metropolitan Government GG Building, to the victim L, “in the face of KRW 35 million as operating expenses for the business entrusted with coffee specialty,” to the victim L., “in the face of KRW 35 million as operating expenses for the business entrusted with coffee specialty,” and to the M market adjacent to the Guro basin.