A defendant shall be punished by imprisonment for six months.

except that 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 is a person who was performing a franchise store interior works upon the request from a business entity of Gangseo Food and Drug Chain Store in the name of “D” in the course of operating the interior of the interior of the business entity of “C”.

On November 2012, the Defendant concluded a franchise agreement with the aforementioned “D” and concluded a franchise agreement with the victim E, prepared for the operation of a store, called “D”, and concluded a business registration with the “G” in the name of “G,” and began the cryp food franchise agreement with the victim in Chuncheon City F around that time, the Defendant stated that the Defendant would engage in marketing activities, such as opening a website, on a condition that it would be better than D when concluding a franchise agreement with the Defendant.

However, the Defendant did not register the business with the trade name of “G”, and did not provide the victim with the supply source of food materials or other facilities under the condition that the victim would be more than “D”, and did not have any ability to carry out financial resources or marketing activities for the franchise store business.

Nevertheless, the Defendant made a false statement to the victim and entered into a franchise agreement with the victim, and received a total of KRW 2,50,000 from the victim, including KRW 5 million on November 30, 2012, KRW 8 million on December 11, 2012, KRW 500,000 on December 26, 2012, KRW 500,000 on December 26, 2012, and KRW 4,50,000 on January 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the interrogation protocol of public prosecutor E;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (generally, the choice of imprisonment);

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the grounds for the following sentencing] of the sentencing [the scope of recommending sentence] General Fraud (less than KRW 100 million) and the mitigation area (one month to one year), [the person who is specially mitigated] and the scope of compared sentence with recommended sentence: one month to one year [the decision of sentencing].