A defendant shall be punished by imprisonment for two years.

Punishment of the crime

1. On January 17, 2012, the Defendant stated that “Around January 17, 2012, the F office operated by the Defendant in Dongdaemun-gu Seoul, within 30% of the right to lease the subway store owned by Samsung C&C. It would lease three of the subway stores. As such, the Defendant would lease three of the subway stores, one million won, and another half of the net profits generated from the subsequent operation of the store.”

However, since Samsung C&C concluded a lease contract on 100 commercial buildings within the history of Seoul Qart and Seoul subway, it was concluded on July 18, 201 on the ground that it was selected as a lease business operator by fraud or other improper means, the Defendant, who has the right to operate the subway store of Samsung C&C, did not have the intent or ability to lease the store to the victim.

Nevertheless, on January 17, 2012, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim, via the Japanese bank account (Account Number H) in the name of the Defendant.

2. On February 1, 2012, the Defendant, at the above F Office, concluded that “A house is being leased on the second floor of the subway station, with a bid of a size of 300 square meters, on the second floor of the subway station, the Defendant shall deduct the rental deposit amount of 300 million won from the lessee of the I store. The Defendant leased the I store located on a good-place day per week, and returned KRW 200 million within three months after settling accounts each day from the sales amount of the store.”

However, in fact, the Defendant had already leased the said I Burial with KRW 100,000 to J, and thus there was no intention or ability to lease the said I Burial to the victim.

Nevertheless, on February 1, 2012, the Defendant deceivings the victim as above and deceivings the victim, together with KRW 50 million in the single bank account (Account Number K) under the name of the Defendant, and KRW 150 million in the above Japanese bank account under the name of the Defendant on February 8, 2012.