A defendant shall be punished by imprisonment for six 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

[2017 Highest 1241]

1. On September 28, 2015, the Defendant planned to set up an investment office in “China G department stores” to H at the Daejeon E hotel coffee around the Daejeon Seo-gu, Daejeon.

If the office signboard and banner are installed, 1.9 million won will be paid.

“...”

However, in fact, the defendant did not know whether he can acquire the domestic sales right of the above G G department stores in China, and the salary of the employees belonging to I Co., Ltd. operated by the defendant has deteriorated to the extent that it could not be properly paid, so the victim did not have the intent or ability to pay the construction cost even if he had caused the victim to construct the above office signboard.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to install a signboard and banner at the office located on the third floor of the Seo-gu Daejeon District Office from November 1, 2015 to the next day; and (c) did not pay KRW 1.9 million for the construction cost, thereby acquiring pecuniary benefits equivalent to the above amount.

2. On October 2015, the Defendant was scheduled to set up a sales office in the office of I Co., Ltd. located on the third floor of the Seo-gu Daejeon H building, Seo-gu, Daejeon, Daejeon, to guide domestic investors and sellers of G department stores in China.

When the office interior works are executed, the office interior works will be paid the construction cost of KRW 10 million.

“.....”

However, in fact, the defendant did not have the intention or ability to pay the construction cost even if the defendant had caused the victim to do the interior construction work, since it was not clear whether he can acquire the sales right of the above G department store in China, and the salary of the employees belonging to I Co., Ltd. was aggravated to the extent that he could not be paid properly.

As such, the Defendant deceivings the victim, and let the victim do so, and from October 1, 2015 to October 10 of the same month, the above office’s seal is used.