A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

In fact, the defendant did not have the authority to operate a moo restaurant in the construction site of the D apartment constructed construction site in Ulsan-gu, Ulsan-gu, Seoul-gu, and there was no intention or ability to transfer it to the victim E.

Nevertheless, around May 30, 2016, the Defendant entered into a verbal contract with the director of the headquarters of the Dispute Resolution Co., Ltd. in connection with D Apartment Construction Co., Ltd., which the Plaintiff is constructed at the above construction site, to acquire the right to operate the restaurant at the construction site from B to B. The Defendant would acquire the right to operate the restaurant at the construction site by obtaining 5,500 won per person, 3,000 won, and 50 to 3,150 won per day until completion of the apartment construction. Thus, it would be difficult to directly operate the restaurant due to other construction works, etc., and it would be difficult to directly operate the restaurant at the above construction site. When concluding this contract with the director of the Dispute Resolution Co., Ltd., the Defendant would transfer the right to operate the restaurant after receiving the right to operate the restaurant from 60,000 won to 60,000 won by obtaining the right to operate the restaurant from 60,000 won to 60,000 won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. A protocol concerning the examination of the accused by the prosecution (including E statements);

1. Each protocol of the police interrogation of the accused (including the E or F statement);

1. Statement by the prosecution concerning E (including H’s statement part);

1. The bareboat contract;

1. Determination on the Defendant’s assertion of financial transaction details

1. The Defendant alleged that he/she entered into an oral contract with G by promising to have the right to operate a restaurant, and accordingly, he/she is entitled to acquire the right to operate the brine cafeteria, as well as the transfer of the right to operate the brine.