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Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant, around early April 2012, at “D” restaurant operated jointly by the Defendant and the Defendant’s husband C, the above C, “D operating capital. In investing KRW 20 million with operating capital, 50:50,000,000 shall be distributed to the victim E, who is an employee of the above restaurant. If a settlement of rent is made, there may be no difficulties in operating the business, and even if there is no lot of difficulties in resolving the rent, it shall be better than the monthly salary that the Defendant receives at the South’s house.” The Defendant “I would be better than the monthly salary. It has been examined during this period, and it shall not be possible.” On April 16, 2012, the Defendant informed the victim of the details of the above contract, and then, notified the victim of the profits continuously from the operation of the restaurant, thereby inducing the victim’s signature in the future.”
However, the facts are that the sum of monthly rent sealed by the defendant reaches the deposit, and the lessor needs to leave from the lessor.
Around April 2, 2012, when the Gu received the Gu and prepared a contract for the transfer of a restaurant with a lessor, and the Defendant and C continued to operate the restaurant with a total of 10 million won or more as a bad credit holder and made it clear whether to pay profits by continuing to operate the restaurant. In addition, even if the Defendant and C received KRW 20 million from the victim, it was thought that the amount equivalent thereto would be used in a place unrelated to the operation of the restaurant, such as repayment of the above bonds and living expenses, and thus, there was no intention or ability to pay profits to the victim by operating the restaurant as promised with the victim.
On April 16, 2012, the Defendant conspired with C and acquired 20 million won from the victim to the account in the name of the Defendant.
Summary of Evidence
1. The defendant;