A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 2, 2014, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on May 30, 2014.

The Defendant is a person registered as an internal director of “Company E”, a company that installs landscaping facilities and distributes food beverages in Yeongdeungpo-gu Seoul Metropolitan Government 501.

On August 24, 2011, the Defendant: (a) at the above E office around August 24, 2011, the Defendant held the victim F with the right to operate a coffee specialty in G and H; and (b) the right to operate a coffee specialty in the whole country at I department stores; and (c) upon completion of the K (K) at around December 201, at the Gyeonggi-si (hereinafter “K”), the Defendant is scheduled to enter a new coffee specialty; and (d) upon entering into an entrusted operation agreement and paying the subscription fee and the amount invested in entrusted operation, the Defendant would be able to operate a coffee specialty in K.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not receive the authority from the I department store to put in K a coffee specialty, and the coffee specialty store entering G, etc. is operated by L with the trade name called “MMC”. Thus, even if the Defendant received the payment of the subscription fee, etc. from the injured party, he did not have the intent or ability to sell the coffee specialty in K to have the injured party operate it.

Nevertheless, on August 25, 201, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 60 million under the name of one bank account (N) opened in the name of the Defendant on August 25, 201; and (c) transferred KRW 50 million under the name of part payments for entrusted operation to the same account on October 5, 201; and (b) transferred KRW 50 million under the name of part payments for entrusted operation.

As a result, the defendant obtained a total of KRW 110 million from the injured party on two occasions and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to L;

1. Statement made by the police with regard to F;

1. A previous conviction in judgment: