A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 26, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for violating the Labor Standards Act at the Changwon District Court on November 26, 2015, and the said judgment became final and conclusive on May 26, 2016.

On December 2, 2007, the Defendant called “the victim C by phoneing KRW 100 million to take over and operating an entertainment drinking house. If the Defendant invested KRW 100 million, he will divide profits and return the amount invested if he transfers the entertainment drinking club acquired to another person.”

However, even if the defendant received money as investment money from the victim, he merely intended to use it for personal purposes, and he did not have the intent or ability to pay profits to the victim or return the investment money by transferring the entertainment tavern acquired after investing it in the entertainment tavern.

Around March 27, 2008, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Agricultural Cooperative account under the name of the Defendant, as investment money, and acquired KRW 10 million from November 20 of the same year, and acquired KRW 40 million in total under the same name on August 20 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the C’s statement);

1. Statement of the police statement regarding C;

1. Details of deposit transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, and imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant shall pay KRW 130 million to the victim, and the victim withdraws the complaint against the Defendant, and the Defendant actually paid KRW 100 million out of the above money, and the remaining KRW 30 million has not yet arrived due date under the agreement.

In addition, the defendant's age, character and conduct, environment, family relationship, motive, and crime.