A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On July 2016, the Defendant newly developed an adult amusement machine operated by the Victim C in Seocho-gu Seoul Metropolitan Government, “Duntil the end of December, 2016,” which was operated by the Victim C in Seocho-gu, with the victim’s “Dun Use Room,” and the Defendant made a false statement to the effect that the Defendant would pay KRW 80 million monthly interest if he/she borrowed KRW 5 million as its development cost, because it takes about three months from production to sales, and the withdrawal is delayed due to the lack of funds, and that the principal would be repaid by December 2016.

However, at the time of fact, the Defendant did not have developed the game machine. However, even if he borrowed money from the victim, it was intended to use it as loan principal and interest, living expenses, etc., or to use it as expenses for purchasing the speculative game machine. At the time, the Defendant did not think that he would use the said money as expenses for developing the game machine. At the time, the Defendant had no particular income, and the cash held in the account at the time was KRW 100,00,000, and the borrowed money was KRW 70,000,000,000, monthly interest and interest of KRW 2.85,000,000

The Defendant received KRW 50 million from the victim on September 12, 2016, and KRW 30 million on September 21, 2016, from the victim, for the purpose of developing the game machine.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (a report analyzing and reporting whether to use the amount of damage or deception);

1. Application of Acts and subordinate statutes to the authentic deed, the details of remittance of KRW 80 million;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] that there is no person who is less than KRW 100 million [the type 1] (the special person], and imprisonment.