A defendant shall be punished by imprisonment for six months.

except that 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 September 27, 2011, at the D office operated by the Defendant in Daejeon-gu, Daejeon-dong, the Defendant made a false statement to the victim E, stating that “The sales contract of the fixed-type shop located in the area south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu was finalized, and the fixed-type sales contract of the fixed-type shop located in the area in the area in Chungcheongnam-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and the fixed-type sales contract was attempted to run directly.

However, there was no intention or ability to sell F in the lower line of the fixed bus stops at the time, and even if the victim received money from the victim, there was no intention or ability to sell F in the lower line of the fixed bus stops.

As such, the Defendant, by deceiving the victim, received KRW 18 million on the same day, and acquired KRW 54 million on October 11, 201, and acquired KRW 72 million in total to the corporate account of D Corporation.

Summary of Evidence

1. Some prosecutor's offices and police interrogation protocol of the accused (including a substitute part with E);

1. Legal statements from witnesses E and G in part;

1. The legal statement of the witness H and I;

1. Application of the statutes governing a copy of the contract, franchise agreement (No. 5), and specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100 million) [the decision of sentence] under the basic area (6-1-6 months) / [the decision of sentence] under the circumstances in which the Defendant was not finally determined the store occupants of the fixed stop, the Defendant by deceiving the victim, and obtained a certain amount of money, and the victim was also given a loan to deliver money to the Defendant’s decision. Accordingly, the victim suffered difficulties for a considerable period of time.