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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 14, 2009, the Defendant sentenced ten months to imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence on August 12, 2010.
The defendant, around April 1, 2013, at the office of the victim I located in Yongsan-gu, Youngdong-gu, Busan Metropolitan City, the defendant planned to engage in the business of distributing only one to the victim by entering into a franchise contract with the restaurant of J in the nature of Gyeonggi-do, and when recruiting a franchise, he/she can receive 20 million won per franchise, and he/she can receive 150 million won per franchise, and he/she can make profits from the monthly sales from 150 million to 200 million won. If he/she invests 50 million won in business expenses, he/she paid 10 million won per month for five months from May 2013, and paid 10% of business profits, and received 50 million won from the victim to the account of the defendant's post office (K) in the name of investment deposit account.
However, the fact was that the defendant established or acquired a franchise business entity, and the above J restaurant business entity entered into the franchise business entity and received the franchise deposit, and the business entity did not establish or take over the franchise business entity. However, although he did not intend to enter into the franchise contract against the above J restaurant business entity, he could not carry out the franchise contract with the above restaurant business entity upon receipt of prior notice of the intention of refusal, and it could not obtain profits from the franchise recruitment or delivery due to the failure of other business entity to obtain profits from the franchise recruitment or delivery, it was impossible to pay the principal of KRW 10 million per month to the victim or to guarantee profits.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Some of the suspect interrogation records of the defendant by prosecution;
1. I.D.