A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On May 2013, the Defendant, on the rooftop of the building where the “F” point, a space lending business establishment operated by the Defendant in Seocho-gu Seoul, Seocho-gu, Seoul, is located, the Defendant said that “F” would transfer the victim D the right to the said “F” point to the victim D, in addition to deposit KRW 50 million, if it takes place with the premium of KRW 45 million. In addition to the premium of KRW 50,000,000,000,000, the Defendant would be legally transferred to the customer database of approximately KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

However, the Defendant, rather than customer database, intended to transfer only a pre-contract file stating the name, telephone number, and time of reservation, and was also willing to delete the pre-contract file against the number of customers from around 2010 to around 2012, and intended to transfer only the pre-contract file to the number of customers from around January 2013 to May 201. Women’s toilets were public toilets from the beginning and did not have obtained the consent of the owner, so they could not be used as a business space by expanding them. Ultimately, even if the Defendant received KRW 45 million from the victim, there was no intention or ability to transfer the customer database that was promised at the time of the said contract, or make it possible to use them as the business space by expanding women’s toilets.

On May 17, 2013, the Defendant: (a) by deceiving the victim as above; (b) concluded a “transfer contract of rights” with the said “F” with the victim of the cross-dong, Seocho-gu, Seoul; (c) received KRW 4.5 million from the victim to the Defendant’s bank account on the same day; and (d) received money from the victim to the Defendant’s bank account on May 29, 2013, from the said “F Gangnam-dong,” the Defendant exceeded KRW 10 million by credit card twice.