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

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

Punishment of the crime

From July 2013 to April 2016, the Defendant was a person who operated a marina business establishment in the trade name of the 3rd floor D, Nam-gu, Incheon Metropolitan City from around July 2013 to around April 2016. The Defendant committed the following crimes against the victim C who intended to take over the said business establishment:

On March 24, 2016, the Defendant presented a false statement on the sales status of “from January 2015 to February 2016, 2016,” stating that the monthly sales amount of KRW 12 million to the victim is KRW 16 million, and that “The monthly sales amount is KRW 12 million to KRW 16 million, and the net income amount is also KRW 16 million.”

However, in fact, the defendant, by manipulating the computer of the above business establishment and inputting false sales as if it actually occurred, or by inputting false sales as if the non-existent customer actually paid a million won, presented the list of monthly sales status by inputting false sales as if it actually did not exist, and in fact, the monthly sales of the above business establishment was less than the amount presented by the defendant.

Nevertheless, the defendant deceivings the victim as above and caused the victim to do so under the pretext of the premium for the business in question, the amount of KRW 7 million on March 24, 2016, and the same year.

4. On March 5, 13, 18 million won, total of 65 million won, were delivered and acquired through deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness C and F;

1. - Sales Data (15.1. Above 16.2)

1. - Contract for acceptance of the right to a store;

1. - Computer terminal screen;

1. Data to be submitted additionally by complainants (POS management data);

1. A business establishment report;

1. Two additional data submitted by the complainant (POS credit card data);

1. The details of benefits (an amount of benefits for marina branch offices);

1. The defendant's written statement (the defendant only entered the cash sales separately into the electronic computer system after the fact that there was no false input of sales and there was no misunderstanding of sales, and there was no intention to commit fraud.

(b).