A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On February 15, 2012, the Defendant, at the (ju) EE office established for the purpose of food manufacturing and selling and marketing business in Gangnam-gu Seoul, Gangnam-gu, 702, stated that “The Defendant would make the victim F enter into a franchise agreement with I restaurant chain inside the H H level village located in Ansan-gu, Seoul.”

However, on February 3, 2012, the Defendant had already entered into the I cafeteria franchise agreement with the J around February 3, 2012. Therefore, even if the above chain franchise agreement was entered into with the victim, the Defendant did not have any intent or ability to accept or operate the agreement.

As such, the Defendant, by deceiving the victim, received a sum of KRW 200 million, including KRW 15 million, around February 15, 2012, and KRW 100 million, around March 2, 2012, from the victim, under the pretext of the franchise deposit.

[The Defendant is forced to enter into a contract with theJ due to the pressure of H upper level, and in such a case, there are frequent cases where the contractor waives the above chain. Therefore, if the J waives the open point, it would transfer it to the victim, and if not, it would have received 200 million won as the intention to return it. Therefore, the Defendant asserts that there was no criminal intent by deception.

However, since it is most important whether the victim is able to operate the above chain store, even if there were circumstances as argued by the defendant, the victim should be notified of the situation and respect the decision of the victim about the conclusion of the contract.

Nevertheless, the Defendant concluded a franchise agreement without notifying the victim at all, and received KRW 200 million.

The victim also stated that if the defendant and J knew of the contract, 200 million won should not be paid.

In light of this point, the above argument shall not be accepted as it is possible to fully recognize the criminal intent of the defendant's defraudation.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F's legal statement 1.