A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant leased the Seocho-gu Seoul Metropolitan Government building C, D, and E to operate the Flick point with the trade name “F,” and the victim G is a company that is entrusted with the affairs necessary for the management of commercial buildings, such as the collection of rent from H, the owner of the said “B,” and is conducting management affairs.

On June 2016, the Defendant concluded that, at the office of the victim company located in the foregoing B B building I, “The representative director of the victim company would be in arrears due to failure to pay a monthly rent to the lessor while operating a dental store. At present, the Defendant made a false statement to the effect that the lease contract will be terminated. At present, the Defendant would have to pay KRW 50 million in lieu of a franchise store and pay KRW 50 million in lieu of a franchise.”

However, at the time, the Defendant had a debt amounting to KRW 400 million, such as not paying the above shopping district rents and employees’ benefits, and there was no intention or ability to pay the franchise fees even if he/she borrowed money from the victim because he/she could not receive additional franchise fees because he/she could not collect the franchise fees.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim take over KRW 25 million from June 27, 2016, and had the victim take over KRW 50 million from July 7, 2016, and KRW 25 million from July 7, 2016.

Summary of Evidence

1. Each legal statement of the witness J and L;

1. A protocol of partial police interrogation of the accused (two times, replacement);

1. Statement to J police officers;

1. A explanatory note;

1. The certificate of transfer by the Internet Bank, and the results of transfer;

1. A complaint;

1. The loan certificate;

1. Court decisions;

1. A written notice of the payment of rent indicating that it is a content-certified mail, and the defendant and defense counsel did not demand or induce the victim company to pay the rent of KRW 50 million on behalf of the victim company, and the owner of “B” shall request the victim company to the H.