A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 May 12, 2017, the Defendant told the victim C to the effect that “E” stores are operated at the coffee shop located on the 9th floor of Busan Dong-gu B department stores, and that “E” stores are referred to the food store B in the “D” stores. The Defendant said to the effect that “E” stores are operated at the same time. The Defendant paid the profits of KRW 1,50,000 per month during the contract term with the profits of final distribution, and that “E” will return all the principal invested at the time of contract maturity.

However, at the time of fact, the Defendant did not have an intention or ability to pay the profit as agreed to the victim or to return the principal of the investment because the amount payable to the customer was about KRW 64 million in the status of the business relationship with the above partner as the business relationship was terminated, and the Defendant did not have an intention or ability to return the principal to the victim, even if he received the investment money from the victim because the amount was about KRW 115 million in the amount of debt without any particular revenue or property at the time.

Ultimately, the Defendant, by deceiving the victim, received from the victim each transfer of KRW 30 million from May 12, 2017, and KRW 20 million from May 16, 201 to the G Bank account in the name of F Bank (H), the Defendant’s wife, and received KRW 50 million in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint, B department store management consignment contract, each specification of transactions, payment note, credit information investigation statement, each investigation report (inward investigation), D joint business contract, each E-chip joint business waiver statement, each E-chip joint business termination contract and waiver note, a business closure certificate, a business registration certificate, a business counterpart's unpaid details, a statement of additional submission, and a receipt of a document, respectively.