A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is the representative of D Co., Ltd. (hereinafter referred to as “D”) who is a distributor in the P4th floor in Sungnam-gu, Sungnam-si.

The Defendant at D office around December 29, 2010, at D office, the victim E, “D has the right to operate “G” stores within the rest area of G LWF on the LWW on January 31, 201. A deposit of KRW 100 million would be paid for three years from February 1, 2011 to January 31, 201, and 20% of the sales amount. From February 1, 2011, the Defendant would be entitled to start business.”

However, the fact that D did not have the intent or ability to grant the right to operate the store to the victim because it did not have been promised to acquire the right to operate the store from H, Inc., the operator of the F Store within the F Store.

As above, the Defendant, by deceiving the victim as above, received from the victim the sum of KRW 10 million as down payment, and obtained from the victim the victim the sum of KRW 88 million as part of intermediate payments and remainder payments at the same place on January 4, 2011, and acquired it by fraud.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of a witness I;

1. The statements made by witnesses E and J in the third protocol of trial;

1. Statement made by a witness I in the 8th trial records;

1. Application of Chapter II Acts and subordinate statutes to a copy of a sales operating right contract and a copy of receipt;

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

1. Although the amount is not specified in Article 62(1) of the Criminal Act, the crime of this case is not deemed to have been committed with the intent of deceiving the victim in a planned manner. In addition, in consideration of the circumstances leading to the crime of this case, the defendant's character and behavior, the environment, and the circumstances before and after the crime, the punishment against the defendant as ordered shall be determined within the recommended range, by taking into account the various sentencing factors indicated in the record.