A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The defendant and the victim C jointly operated the frequency of "E" located in Nam-gu Seoul Metropolitan City D, and the defendant and the victim were 30% of the shares of the business and 70% of the victim.

Around June 30, 2011, the defendant and the victim made a contract for share acquisition that the defendant acquires the victim's share to acquire the victim's share to the above frequency, and the defendant and the victim made it to operate the above frequency independently. The main contents are as follows.

- evaluate the property value of the above frequency, including deposit for lease, at KRW 300 million.

- The acquisition price of shares is KRW 220,000,000.

[The value of the victim's share 210,000,000 won (=300,000 won x 70%) - The time of payment: 10,000,000 won until December 20, 201, and 110,000,000 won shall be paid until June 20, 201.

- Special conditions: The Defendant shall pay 4 million won per month to the victim from July 2011 to the full payment of the share acquisition price, and after paying KRW 110,000,000 among the share acquisition price in the middle, the Defendant shall pay KRW 2 million per month.

However, the defendant did not own property under his/her own name at the time, and even if he/she acquired the above frequency of shares from the victim, he/she did not have any intent or ability to pay the amount of share acquisition.

Around July 1, 2011, the Defendant, by deceiving the victim as above, acquired all the equity interests of the victim as to the operation of the above frequency and operated the above frequency independently, thereby acquiring property benefits equivalent to KRW 220,000,000 from the above share acquisition price.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of prosecutorial statement concerning C;

1. Application of Acts and subordinate statutes to the complaint and attached documents;

1. The punishment of Article 347 (1) of the Criminal Act concerning the facts constituting the crime;