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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[criminal records] On June 2, 2017, the Defendant was sentenced to imprisonment with prison labor for a two-year term for fraud at the Suwon Friwon, and the above judgment became final and conclusive on August 8, 2017.
[1] On March 2014, the Defendant: (a) received money from another person from around 2017, and operated a beauty room from around 101 and 102 among the shopping districts located in Suwon-si; (b) however, due to the operational failure, the Defendant was constantly exposed to the risk of exercising the right to operate the said commercial facilities until the payment of benefits, etc. was made to the beauty room employees. (c) On August 2015, the Defendant: (a) drafted a lease agreement with the lessor as E and the lessee as F; (b) received KRW 100,000,000 out of the key money for the said commercial facilities; (d) however, as the contract was revoked, F was constantly exposed to the risk of exercising the right to operate the said commercial facilities and the facilities until the said money was fully paid.
In such a situation, on December 2015, the Defendant: (a) published an advertisement to change the above commercial building to a restaurant; and (b) published it on the Internet to the effect that “if investing KRW 50 million in the restaurant business, the Defendant would pay the profits of KRW 4% per month.”
A. Although the Defendant needs to present a lease agreement to the applicants for investment in order to obtain investment, the Defendant as the lessee was in need of a lease agreement with the lessee, but it was difficult to request the lessor E to re-establish such a lease agreement, and thus, he/she had a new forgery of the lease agreement.
Accordingly, on December 2015, the Defendant printed out the title “H” beauty room located in Youngwon-gu G, Youngwon-si, G, by means of a computer, etc., the title “H 101, 102, d 102, 30,000,000,000,000,0000,0000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,