A defendant shall be punished by imprisonment for not less than eight 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 operates restaurant franchise by establishing a “C” corporation (hereinafter “C”) around March 14, 2010.

The Defendant paid the obligees a monthly amount of KRW 200-30 million due to a large amount of debt in the early stage of the business, while the Defendant’s profits from the above franchise store are merely KRW 7 million and operated the above franchise business in the state of the enemy.

The Defendant, while operating the above “C”, did not notify the victim D and E of the situation in which the said franchise is operated in a hostile state in order to pay investment earnings or debt to other investors. However, the Defendant was willing to acquire the investment funds for the opening of the “C” pressure store business without notifying the victim D and E of the situation in which the said franchise is operated in a hostile state.

1. From the end of December, 2011, the Defendant made a false statement to the effect that, if he/she invests KRW 40 million in “C” at the Seoul Franchiscisonary Seoul (hereinafter “C”), he/she will operate from January 1, 2012 to December 31, 2015, and pay KRW 130,000 per month, and return the full amount of the investment money after three years.

However, as the Defendant is operating “C” franchises as the enemy, the Defendant did not have any intent or ability to pay the principal amount of KRW 1.3 million every month or to return the principal after the expiration of the investment period.

Accordingly, the Defendant, as seen above, by deceiving the said victim, received KRW 40 million from the said victim to the one bank account (number: F) in the name of the Defendant under the name of the said victim for the purpose of making investment in the CF store around December 23, 201.

2. The Defendant committing the crime against the victim E, with an investment of KRW 40 million,00,000 from January 1, 201 to December 31, 2015, and paid KRW 130,000,000 as monthly income, to the victim E, and return the principal of the investment after three years.