A defendant shall be punished by imprisonment for four 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

On December 7, 2010, the Defendant told the victim G to take over the instant shop at No. 1 of the E F shop located in Silri-si, E, “AF shop located in H and I (hereinafter referred to as “instant shop”), and to take over it at No. 2 of the instant shop with J and K, and to assist H and I to take over the instant shop by giving a 8 million won to H and I, respectively.”

However, in fact, when receiving money from the victim, the defendant thought that he will use it to start the shop, and did not have any intention or ability to assist the victim to take over the shop in this case.

As above, the Defendant, by deceiving the victim as above, obtained from the victim a total of KRW 6 million on the same day, KRW 500,000 on December 13, 2010, and KRW 8 million on December 14, 2010 from the victim, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, J and H;

1. Each prosecutor's protocol of examination of part of the accused against the accused (including the questioning part of G in the first protocol);

1. Reasons for judgment of conviction in each investigation report (the amount specified, the submission of data, etc.);

1. The defendant's assertion and the victim operated the F shop No. 1 in the partnership as set forth in the judgment of the defendant, and the victim wanted to take over the above No. 1,5 million won, and only received 500,000 won as set out in the judgment of the court below.

After that, the Defendant tried to take over the instant shop (2 points) as stated by H and I with the above No. 1 points, but it was not good, and it did not start the shop at any other place, and did not use any more he did not pay the remainder of the transfer price. The victim operated the above No. 1 points without paying the remainder of the transfer price.

In addition, the remaining 3 million won of the decision was received from the victim as the purchase price of machinery, and in fact the victim was dead in the process of purchasing the machinery.

In the end, the defendant is not guilty of 8 million won by deceiving the victim as stated in its reasoning.

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