A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who was operating a D Cowhouse on the first floor of Seo-gu Seoul Metropolitan City from November 2010 to November 201, 2012.

Around 11:00 on November 14, 201, the Defendant made a false statement to the effect that “F” coffee store located in Gwangju Dong-gu, Gwangju, would acquire 10% of the shares in the above so-called subcontractor from the Defendant’s partner and transfer 10 million won of the shares in the above so-called subcontractor to the Defendant and guarantee the principal of the investment,” and that “If the victim takes over 50 million won of the shares in the above so-called subcontractor, the Defendant would also guarantee the principal of the investment.”

However, in fact, the defendant did not have the intention or ability to pay the profits to the victim and to guarantee the principal by taking over the shares from another partner.

The defendant acquired 50 million won from the victim's account in the name of the defendant at around that time and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Inquiry into account details, and application of Acts and subordinate statutes on a copy of the same contract;

1. The pertinent provision of the criminal facts, Article 347(1) of the Criminal Act (Optional to Imprisonment), and the reason for sentencing, the Defendant borrowed the amount equivalent to KRW 50 million from the victim at the time of the occurrence of the crime, and at the time of the occurrence of the intent or ability to repay the amount, and thus, cannot be deemed to be the defraudation of money. However, in light of the victim’s legal statement or the Defendant’s partial statement, it is difficult to accept the Defendant’s above assertion. However, in light of the victim’s legal statement or the Defendant’s partial statement, it is recognized that the Defendant, even though he did not have the intent or ability to transfer his share to the victim, he received the victim’s share, stating that “I will transfer

As above, while the defendant is expected to transfer the shares of the party to the lawsuit, the defendant disposed of the party to the lawsuit against the victim after receiving KRW 50 million from the party to the lawsuit, and repaid the defendant's obligation in return for the disposition against the party to the lawsuit to the lawsuit to the contrary.