A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, together with E, opened a consortium company with the trade name of “G” in Korea, which is entitled to enter into a franchise franchise contract from “F”, a U.S. sand site franchise, and placed an advertisement to enable a small-sum investor visa (E2 visa) in the U.S. to take over “F store.” On February 28, 2008, the Defendant: (a) held a business explanation meeting on the receipt of “F store” at H building in Jung-gu, Busan to the effect that “F store will be easily issued to the victim’s non-corporate owners by securing the “F store” to arrange transactions; and (b) obtained the consent of the head office of “F” to enter into a franchise contract with “G”; and (c) held the victim’s bank account in the name of the victim to the effect that “F store will be issued by the victim’s non-corporate owners,” and then, (d) held the victim’s 6th of May 28, 2008.”

The Defendant conspired with E on June 21, 2008, and the facts are as follows: (a) the Defendant and E jointly operated by the Defendant used the check in the name of “K” and planned to immediately withdraw and use the money received by the victims because it is necessary to operate the restaurant, “M” restaurant located in Denber City, which is jointly operated by the Defendant and E; and (b) the victims did not seek “F store” to be accepted by the victims; and (c) the Defendant received USD 250,000 from the victims.