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1. Defendant shall be punished by a fine of 5,000,000 won;
2. If the defendant does not pay the above fine, 50 days.
Reasons
Punishment of the crime
From December 2, 2012, the Defendant has operated C for the purpose of food materials distribution and food-related franchise business.
In the case of D in Busan, the Defendant was operating in the form of pop-up business for 10 days a 10-day pop-up franchise, even though it is a 'E' registered by the Defendant.
On November 15, 2015, when the victim FF (37 tax) came to know that he/she want to operate the franchise within the above department store, he/she had already entered the above franchise D with the above franchise. On November 20, 2015, he/she requested the victim to pay the down payment related to the fact that he/she acted as if he/she could operate the above franchise in the above department store by explaining the outline of the business on the 20th of the same month.
However, in fact, the Defendant did not conclude a franchise occupation contract with the above department store in addition to the above pop-up shop operation. Rather, the department store side intended to enter into an entry occupation contract with another company, and the Defendant did not have the intent or ability to allow the victimized person to enter the above department store and operate the franchise.
Defendant deceiving the victim as above, and received KRW 10 million around November 22, 2015 as the down payment from the victim, and KRW 20 million around the 23th of the same month from each of the above C; and on December 18, 2015, the victim prepared a written contract of “Operation of E within the point of D within one year from February 29, 2016 to one year from February 29, 2016” in the coffee shop located in Busan Shipping Daegu, and received KRW 36 million as the same day and additional tax.
Accordingly, the Defendant acquired 66 million won from the injured party.
Summary of Evidence
1. Part of the defendant's legal statement (the defendant and his defense counsel alleged to the effect that the defendant did not have the intention of defraudation, but at the time, the defendant entered into the contract with D.