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

[2018 Highest 4471]

1. Fraud against the victim B;

A. On December 26, 2017, the Defendant stated that “The F Team employees were allocated F Business Rights to the F Team employees, among which several of them were assigned to B, the Defendant would give one of the registration fees of KRW 7 million.”

However, the defendant did not carry out the F business, and there was no fact that he received the above business rights, and because he had the purpose of using it as gambling funds with money from the victim, there was no intention or ability to grant the business rights to the victim.

The defendant received 7,000,000 won from the victim to the G account under the name of the defendant as the registration fee, and acquired it by fraud.

B. On March 5, 2018, the Defendant called the victim’s phone at an infinite place, stating that “The Defendant would smoothly carry out an infinite drinking on the face of entertainment expenses while visiting a person in charge of the selection of a business right by driving in Seoul.”

However, the defendant did not have the intent or ability to reduce the above business rights to the victim.

The defendant received 2,200,000 won from the victim as entertainment expenses from the victim to the G account, and acquired it by fraud.

C. On March 31, 2018, the Defendant made a false statement to the victim, stating, “The Defendant asked the victim to pay money that is insufficient to follow up the selection of a business right.”

However, the defendant did not have the intent or ability to give the victim the above business rights.

The Defendant received 150,000 won from the victim to the above G account and acquired it by fraud.

2. On January 3, 2018, the Defendant made a false statement from the Busan Dong-gu, Busan, to the victim through the above B, stating that “The victim was at the end of his/her business license.”

However, the defendant is true.