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

On February 2, 2016, the Defendant stated that “The Defendant would acquire another singing club by withdrawing the present C hotel music club from office, and would repay money that he/she lent to money in installments once by acquiring and operating the singing club if he/she borrowed KRW 50 million for the acquisition cost.”

However, in fact, the Defendant did not intend to use the money that the Defendant received from the victim as the fund for acquiring the sing clubs. The Defendant had no intention or ability to pay the money borrowed from the victim because the C hotel music clubs already operated was in the state of enemy.

Around February 5, 2016, the Defendant received KRW 10 million from the victim’s account in the name of the Defendant’s wife, and around February 19, 2016, KRW 10 million from the same account as the borrowed money, respectively, and around February 19, 2016, the Defendant received KRW 30 million in total from the victim’s office located in North Korea-Gu E at Port-si on February 19, 2016, and received KRW 130 million in cash from the victim’s office in the name of borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of remittance;

1. Application of Acts and subordinate statutes to a criminal investigation report (in the case of a complainant and a telephone), investigation report (in the case of a tenant in charge of the C hotel hotel), investigation report (in the case of the G husband H currency);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, and in light of the circumstances and methods of the instant crime for two years of suspended sentence, etc.