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

The Defendant, from March 2014 to March 3, 2014, operated “E” in the name of “E” with the victim C as a partnership with the victim’s three floors of the Guro-gu Seoul D Building. On April 2014, the Defendant concluded that the Defendant would take over the operation of the said private teaching institute from the victim, and that the Defendant would pay KRW 20 million to the victim by July 31, 2014, and KRW 50 million as lease deposit until September 30, 2014.

However, the defendant had no intention or ability to pay 70 million won to the victim even if he takes over the operation of the above private teaching institute since the defendant's financial obligation such as a bank reaches 59 million won and the number of students of the private teaching institute is low and there is almost no income from the operation of the private teaching institute.

On April 29, 2014, the Defendant: (a) by deceiving the victim and taking over the business of the said three-story private teaching institute from the victim; (b) concluded a new lease agreement with the lessor F and the lessee with the Defendant; and (c) on June 19, 2014, the Defendant did not pay KRW 70 million to the victim even after completing business registration under the Defendant’s pro-friendly G name with respect to the said private teaching institute.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on sales contract, business registration certificate, certificate of establishment and operation of a private teaching institute, and commercial building lease contract;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant, on the grounds of sentencing of Articles 32(1)1, 32(1)3, 32(2), 25(3)2, and 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the application for compensation is inappropriate after the conclusion of pleadings, and the application for compensation is inappropriate after the conclusion of pleadings, and the scope of liability is unclear by agreement between the applicant for compensation and the defendant after the application