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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 1, 2013, the Defendant: (a) at the D University’s office located in Sinnam-gun, and (b) at the D University’s office located in Sinnam-gun, the Defendant provided that “A student and his school will be in a normal operation, and a restaurant should first be opened and operated. From January 6, 2014, approximately 200 students will be in a D University restaurant. From around January 6, 2014, the Defendant is planned to provide meals in the D University restaurant. There is a difference between KRW 50 million and a down payment to reduce the restaurant operation right of D University. The F would be free from the intention to enter into a contract. The Defendant said that “A student will secure the right to return the deposit by establishing a collateral on the G land of Sin-Gun, not exceeding KRW 200 million.”
However, since the entrance and opening of the above DD college became final and conclusive, the victim was not able to operate the restaurant from around January 6, 2014, and around May 13, 2013, the said DD college already promised F to the effect that F may commence the restaurant operation of the above school around July 2013, 2013, and was paid KRW 110 million with the deposit, but the said DD college was unable to attract its students until November 11, 2013, and the said G land was not owned by the defendant, and was not subject to the consent to the establishment of the right to collateral security by H, the owner of the instant G land.
Nevertheless, the Defendant, from January 6, 2014, by deceiving the victim as if the school had been normally operated and the victim could operate a restaurant against the student, and as if it could secure the obligation to return the contract deposit for the restaurant operation right by establishing a collateral security on the said land, deceiving the victim, and then, on November 22, 2013, entered into a restaurant operation contract with the victim and acquired 50 million won as the security deposit.
Summary of Evidence
1. The defendant;