However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

1. On February 28, 2018, the Defendant made a false statement to the victim B at an unsound place on February 28, 2018, stating that “If another person lends money to him/her, he/she is responsible for the payment within one month.”

However, in fact, the Defendant intended to repay personal debts from the victim or to use them in operating the Gameland. At the time, the Defendant had been an individual rehabilitation and had already borrowed an amount of KRW 80 million from another person to operate the Gameland. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the money.

Around February 28, 2018, the Defendant received 9.1 million won from the Cbank account (D) in the name of the Defendant from the victim as the borrowed money, and acquired it by fraud.

2. Around March 14, 2018, the Defendant made a false statement that “The Defendant would pay the victim 7% of the monthly profit if he/she made an investment in expanding the gameland, and pay the principal when the period of the commercial building lease expires.”

However, as the Defendant had no experience in operating the gameland at all, it was difficult for the Defendant to pay the profits to the victim. As seen above, the Defendant had a debt equivalent to KRW 80 million at the time, and thus, there was no ability or intent to return the profits or the principal even if he received an investment money from the victim.

Around March 18, 2018, the Defendant received cash of KRW 10 million from the victim to the account of the said Defendant on three occasions prior to Seocho-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City. On March 24, 2018, the Defendant received KRW 20 million from the said Defendant’s Cbank account and acquired KRW 30 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the details of account, certificate of transfer, and certificate of borrowing;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.