A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On February 2, 2014, the Defendant agreed to the preparation of a fair deed stating that “The Defendant shall pay KRW 280 million and interest of KRW 4 million on February 28, 2015, to the victim E, who has ownership of and all rights to the facilities of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the day, on July 4, 2014.”

However, in fact, the Defendant only planned to operate the above massage procedure and pay the price with the proceeds therefrom, and did not have any other property, and there was no intention or ability to pay the price to the victim at the same time as the victim promised because the occurrence of the proceeds of the above massage procedure is unclear.

As such, the Defendant, from July 4, 2014, received from the injured party the transfer of facilities and goodwill equivalent to KRW 280,000,000 at the market price from around July 4, 2014, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A contract for the acquisition of commercial buildings, a monthly rent contract for commercial buildings, a money borrowing certificate, a contract for the acquisition of commercial buildings, a fair deed, a receipt, a note, a real estate transaction contract, and a written determination of individual rehabilitation;

1. The Defendant entered into a contract with the victim to pay KRW 2,80,000 to KRW 300,400,000 per month after a year when he/she was well aware of the business and revenue status of the place of the massage operation of this case and entered into a contract with the victim to pay the amount of KRW 300,400,000 to KRW 300,000,000

The defendant acquired the above massage treatment place with no high profits, and paid a considerable amount as interest monthly, but 20 million won after one year.