A defendant shall be punished by imprisonment for not less than two years and four months.

Punishment of the crime

The Defendant, as a representative of E (hereinafter referred to as “E”), operated a hobby experience exhibition center of “G” in F Park from March 201 to June 2012, 201, and operated a children’s experience exhibition center at the same place from July 2012 to October 2014.

1. On March 30, 2013, the Defendant against the victim I entered into an interim management contract with the victim I at the above E office. The content of the contract is that “E is able to enable I to operate K coffee stores for three years (it may be extended up to two years). In this regard, I shall invest 210,00,000 won with the facility investment cost and pay 20% of the sales amount each month to E with the facility user fee. In the event the Defendant receives facility investment cost from the victim, he/she has a duty to pay the victim at the facility by paying the franchise cost to L Co., Ltd. (hereinafter referred to as “L”) which is the business owner of the K coffee franchise and to perform artificial works so that he/she may normally operate K coffee stores during the contract period.

However, at the time of fact, the Defendant did not have any intent or ability to allow the victim to operate the K Kafa in the above J Kafa for three (3) years during the term of contract guaranteed by the Defendant, such as (i) the Defendant was liable to pay approximately KRW 2,400,000,000, including bank loans of KRW 900,000; and (ii) the Defendant was liable to pay KRW 2,400,000,000 to the Defendant; and (iii) even if the Defendant received the cost of facility investment from the injured party, the Defendant was unable to pay the expenses that should be paid to L; and (iv) the expenses that should be paid to the tester, etc.

Ultimately, the Defendant deceivings the victim as above, and up to April 1, 2013, as the down payment from the damaged person.