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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 26, 201, the Defendant committed the crime against the victim C with the operation of the Fanche E in the instant business with the victim C, who was sentenced to imprisonment with prison labor for the crime of violating the Road Traffic Act (unlicensed Driving) in the Gwangju District Court’s Macheon Branch on January 26, 2011, and was detained by law and was unable to operate the said gymnasium, the Defendant was willing to take over the said gymnas from the victim who had the right to the said gymnasium facility
On February 14, 2011, the Defendant stated, “On February 14, 2011, the Defendant would pay KRW 700,000,000 per month to the victim if the Defendant transferred the right of operation of the Franchising treatment establishment, the deposit, the house, and all of the facilities of the Franchising treatment establishment in Ma as KRW 110,000,000,000.”
However, in fact, from around 2004, the Defendant had no particular property as a bad credit holder, and the Defendant should have paid KRW 4 million per month as the rent for the place of massage practice, as well as there was no experience in operating the place of massage practice since it was operated, and there was no intention or ability to pay KRW 7 million per month the above loan, interest, rent, etc. to the victim who left the place of massage practice.
As such, the Defendant: (a) by deceiving the victim; (b) was transferred the facility and the operating right of the said Franchising clinic from March 201 to September 201, 201; (c) did not pay the victim 42 million won to the victim; and (d) did not pay the victim 42 million won (7 million won per month).
2. On March 201, 201, the Defendant committed the crime against the victim G made a false statement to the victim G, stating, “The Defendant would give monthly profits if he/she has been operating a fating clinic, and has invested money to B as he/she is well operating a business.”
However, it is true.