A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

"2017 Highest 2870"

1. On March 23, 2017, the Defendant loaned money to the victim E by April 6, 2017, from “D” entertainment points operated by the Defendant on the Nam-gu, Ulsan-gu, and the second floor on March 23, 2017.

The phrase “ makes a false statement.”

However, there was no installment savings subscribed by the Defendant, and there was no intention or ability to repay even if the Defendant borrowed money from the damaged party due to the lack of any particular income due to the operation of the above entertainment store.

As above, the Defendant deceivings the victim as above, and acquired the amount of KRW 9 million in the name of the borrowed money from the victim on the same day through the bank account (Account Number F) with his own name.

"2018 Highest 473"

2. The Defendant, with the trade name of “D” in Ulsan Nam-gu, infringed upon the right to property by allowing many unspecified customers to use music, such as G writers, H music works, and I, which were managed by the Korea Music Copyright Association, from January 2017 to July 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and J;

1. The K's statement;

1. Application of Acts and subordinate statutes on a copy of a loan certificate, a copy of a seal imprint certificate, a detailed statement of each deposit transaction, a copy of a text message, a recording, a peremptory notice, or a power of attorney;

1. Relevant Article 347 (1) of the Criminal Act, the point of infringement of property right by selecting a punishment for an optional crime: Article 136 (1) 1 of the Copyright Act, and Article 136 (1) 1 of the same Act, the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in heavier frauds);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

2. The application of the sentencing criteria.