A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

The Defendant was a person who lent the name of the franchise-person D and operated the “Eama treatment establishment” in the name of the franchise-person F, and operated the “G massage treatment establishment.”

[2013Gohap705]

1. Around September 14, 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made an investment in money in Eama place in the office of “Eama place” (Eama place) with the victim H. Around September 14, 2007. If the value of equipment or business rights has been invested in KRW 1.5 billion, 1.5 billion, the value of the equity share would be KRW 50 million, and the amount would be 50 million out of the monthly profit would be 50 million. If the return of the investment money is demanded, the investment would also be returned immediately. If the lease deposit is returned, it refers to the purport that the lease deposit would also be transferred.

However, in fact, the Defendant was planning not to receive investment money from the victim and make an investment in the Emyma procedure but to open a separate massage procedure with the said money, and the deposit in the Emyma procedure procedure was deducted from approximately KRW 260,000,000,000,000 due to the delayed payment at the time of concluding the re-contract on December 2, 2006, and the said Emyma procedure procedure remains approximately KRW 240,000,000,000, and even thereafter, the Defendant was unable to transfer the leased deposit amount to the victim, and there was no intention or ability to distribute monthly profit to the victim or immediately return the investment money.

Nevertheless, the defendant deceivings the victim as above, and such deceptions amounting to KRW 50 million from the victim around September 14, 2007, and the same year.

9. On October 19, 199, around KRW 150 million, and around October 18 of the same year, he/she acquired KRW 500 million in total, and acquired it by deception.

2. Around November 23, 2007, the fraud Defendant paid the victim H a half of the amount of profit at the office of the said “EM place” (E) office. As such, the Defendant also paid a half of the rent.

One half of the proceeds is the main building.