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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
As the Defendant is a bad credit holder, the Defendant, from December 21, 2006 to December 21, 2006, operated the “HE” (hereinafter “H”), under the name of the representative director, under the name of Sung-nam-si D Building 1214, Sung-nam-si, Sung-gu, Sung-si, as capital of KRW 50 million, from December 1214, 2008, between the above company on December 10, 2008 and the victim FF (the age of 48), agreed to entrust the management of the “H” store with the victim’s fee of KRW 15 million, store lease deposit, KRW 22 million, facility cost, KRW 20 million, KRW 20 million, KRW 500,000,000,000,000,000 won, and KRW 300,000,000,00 won.
On April 7, 2009, the Defendant stated that “the Defendant would directly take over and operate the above store in KRW 90,000,000,000,000,000 for rental deposit, KRW 20,000,000,000,000 for facility investment and KRW 70,000,000,000,000,000 shall be sold to others without the mold, and the Defendant would pay interest at KRW 3,00,000 per month until then.”
However, at the time, the Defendant was under severe demand by the lessor in arrears with the monthly rent of the above store, and immediately received the above store from the victim and sold the proceeds to the third party, such as Nonindicted Party I, etc., and was planned to use the proceeds for the operating funds of the above company operated by the Defendant. However, even if he received the facilities and goodwill of the above store from the victim, he did not have any intent or ability to pay KRW 90 million to the victim.
The defendant entered into a contract for the transfer and acquisition of facilities and business rights in the name of the defendant to the above store with the victim, and acquired all rights to the above store and acquired them by taking over 90 million won.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness F and J;
1. The second written statement of witness F in the protocol of the trial.