A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 26, 2017, the Defendant acquired the right to operate the beauty art room of this case from the victim D to KRW 45 million (a lease deposit refund claim amounting to KRW 10 million, premium and facility cost KRW 35 million), and entered into a contract for transfer and acquisition of the right to pay interest of KRW 20,000,000 per month until the acquisition price is fully paid.

However, in fact, since around 2015, the Defendant received a deposit of KRW 30 million from around 2015 in the name of the former wife and operated the beauty room in Ansan. However, it was intended to take over a new beauty room due to business difficulties, and there was no clear attempt to prepare the acquisition price of the beauty room in the name of the former wife except for the method of receiving a loan in the name of the former wife because there was no particular property. Since the down payment of KRW 5 million in the beauty room of this case was paid with the loan in the name of the former wife, the Defendant did not have the intent or ability to pay the balance and interest as agreed by the victim even if he received the right of business of the beauty room.

Around June 24, 2017, Defendant: (a) deceiving the victim; (b) did not pay the remainder of KRW 40 million even after taking over all business rights of the beauty art room of this case from the injured party; and (c) obtained pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A contract for the transfer or acquisition of rights;

1. The details of monthly revenues;

1. Investigation report (Attachment to the credit information of the suspect);

1. Application of Acts and subordinate statutes to report on investigation (E) (to hear statements by telephone of the suspect);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1.Article 62(1) of the Criminal Code provides that the defendant has no criminal records which exceed the same criminal records or fines, and the amount of damage.