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Defendant
A Imprisonment with prison labor for 6 months for each of the crimes set forth in A's holding 1 and 2, and for 6 months for each of the crimes set forth in the judgment.
Reasons
Punishment of the crime
[Criminal Justice] On October 12, 2010, Defendant A was sentenced to a suspended sentence of two years on August 201, 201, for the purpose of fraud in the Suwon District Court Ansan Branch, and the judgment became final and conclusive on October 20, 2010.
[Basic Facts] Defendant A’s actual operator of “G main store” on the first floor of the F of the Gu in Ansan-si, H from July 10, 2007 to September 25, 2008, Defendant B from September 25, 2008 to July 24, 2009, Defendant A’s business proprietor of the above club, Defendant C from July 24, 2009 to November 18, 201, and Defendant D from November 18, 201 to Defendant A’s father.
Defendant
On March 19, 2008, with respect to the return of KRW 400 million to the victim J, A, I, and H made an agreement with the victim on March 19, 2008 that “H and I shall sell the club operating right until September 30, 2008, and return the amount of KRW 400 million to the victim. If the club is not sold until then, Defendant A, a tenant, shall take over the club in KRW 50 million and return the amount of KRW 400 million out of the amount of acquisition to the victim, and if Defendant A, H, and I fail to sell or acquire the club by the above time, they shall transfer all rights related to the club, including the deposit, to the victim without any condition.”
Defendant
A, I, and H, by deceiving the victim without the intent or ability to implement the above arrangement as above, and requiring the victim to cancel the provisional disposition such as the prohibition of payment of card sales proceeds to Defendant A, I, and H, prohibition of transfer of business license, and prohibition of change of the name of the business operator, respectively. A, I, and H prepare a letter of commitment that the above club business license is renounced to K, who is the owner of the building, around August 30, 2008, prior to the lapse of September 30, 2008, which was agreed to sell the club business license.