A defendant shall be punished by imprisonment for not less than five 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 November 5, 2007, the Defendant stated that the Defendant would provide the victim C with a 15 million won store at the entrance fee of the DDDD expressway rest store in the city. On November 5, 2007, the Defendant operated the franchise store, “The Defendant may make profits of KRW 2 million to KRW 3 million through KRW 3 million in the month.”

However, in fact, the defendant was in a state that he did not enter into the contract with the expressway rest area at the time, and not only did the manufacture of machinery necessary for the business but also did not work properly.

Nevertheless, the Defendant, however, by deceiving the victim as if the D Chain store was scheduled to move in the rest area, and the monthly income was generated from KRW 2 million to KRW 3 million, and then, by deceiving the victim, he/she acquired the victim the sum of KRW 15 million including KRW 10 million around November 5, 2007, and KRW 5 million around November 7, 2007, as the membership fee for the rest area store from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and F;

1. Protocol concerning the examination of some police officers against the defendant or G;

1. The statement made under C in the second police interrogation protocol against the accused;

1. Statement of the police statement regarding C;

1. A franchise agreement on rest areas, a detailed statement of transaction of passbooks, and application of receipt statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The Defendant asserted that the Defendant was given KRW 15 million from the victim, but the Defendant did not have the intent to obtain fraud, on the grounds that, at the time of receipt by the victim, the Defendant did not have the intent to obtain fraud, since the Defendant did not intend to obtain a sales license by concluding a sales license agreement with the rest area located on the Jung Highway and Youngdong Highway at the time of receipt by the victim, or that he did not have the intent to obtain fraud.

2. Determination.