1. On February 2012, 2012, the Defendant offered that “The victim E may receive money if operating a entertainment room” before the “D adult entertainment room” located in the Nam-gu Incheon Metropolitan City, Nam-gu.” The Defendant agreed to operate an adult entertainment room by investing the Defendant and the victim in response to the investment of KRW 35 million, and agreed to operate the said adult entertainment room. The Defendant purchased and installed the entertainment machine to be used in the said adult entertainment room.

Accordingly, the defendant contact the victim on February 22, 2012 and send money to the victim.

However, the Defendant did not have the intent or ability to purchase amusement machines in accordance with the agreement with the victim, even if the victim received an investment from the victim as the purchase price for amusement machines, as the Defendant did not have any loss of KRW 100 million or more due to the private soil, Internet gambling, etc. at the time, and did not have the intent or ability to purchase amusement machines in accordance with the agreement with the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) concluded that the victim was paid KRW 29 million around February 22, 2012 from the victim under the pretext of the purchase price for the amusement machine; (c) KRW 3.76 million around March 27, 2012; and (d) KRW 5 million around April 5, 2012; and (c) on March 27, 2012, the victim was paid KRW 1.24 million to the victim, instead of paying the victim’s expenses at the hospital of the Defendant, the Defendant agreed to pay the amount equivalent to the above money to the victim for the purchase price for the amusement machine; and (d) exempted the Defendant from liability equivalent to the same amount.

Accordingly, the defendant deceivings the victim, obtained a total of 3,7760,000 won from the victim, and acquired the pecuniary profit equivalent to 1,240,000 won.

2. The Defendant’s embezzlement around April 26, 2012: (a) in the “D adult amusement room” as indicated in the foregoing paragraph (1) around April 26, 2012, borrowed money to the victim E; and (b) as a security for the franchise HG car; and (c) 1.