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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On November 5, 2013, the Defendant was sentenced to six months of imprisonment for the crime of fraud and occupational breach of trust at the Seoul Western District Court, and the judgment became final and conclusive on January 23, 2014.
【Criminal Facts】
1. The Defendant, who acquired down payment, is planning to establish and operate the “E”, which is a complex health service center equipped with comprehensive facilities, such as volatiles, spion, hospital, spacta, etc., Seoul, Yangcheon-gu D 401, and the victim believed that he/she is an expert in a situation requiring expert advice because he/she did not have any experience in operating volatiles, spacta, etc., and concluded a service contract with the victim company and entered the service contract into the service contract in the service contract with the victim company with the belief that he/she is an expert in the field of volatilespice, etc., but the down payment is stated in the service contract with the victim amount of KRW 250 million, but the Defendant and the victim company concluded the so-called business contract. The Defendant and the victim company were
On April 19, 2011, the Defendant, at the Kaf H located in Songpa-gu Seoul Metropolitan Government, concluded a service contract with the victim company on the condition that “F will participate in entertainment of all teams, such as ice teams necessary for E, such as a stamper, E-mbbbbbin team, tabin team, swimming team, GX team, etc., and open hosting of the place of business, and make a manual for the operation of exclusive members of the place of business (market price equivalent to KRW 500 million),” stating that “F will participate in entertainment and sales of membership in the place of business, with the down payment of KRW 100 million for service and down payment of KRW 100 million.”
However, in fact, even if the defendant received KRW 100 million as down payment from the victim, he was planned to use it for the personal purpose such as repayment of debt, etc., and it is only related to I such as I, and it is specific whether he participates in the business.