A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The Defendant is a person who operated a “B” club.

On September 2014, the Defendant is entitled to receive profits equivalent to KRW 15 million per month to 300 million to the victim at a coffee shop where the name of the building next to the 1st floor of the Gu-si building C cannot be known, and the principal will be repaid after three years.

"The amount of deposit for the lease of the age club is 1.2 billion won or more, and the amount of the deposit lent to the bonds in the city exceeds 80 million won, which will be refunded at any time if the deposit is changed.

“A false representation was made.”

However, in fact, the money paid by the Defendant as the deposit for the lease of the nart club was over KRW 400 million, and the Defendant did not lend money to others as a bond, and the Defendant did not have operated the nart club, so it was not clear that it could guarantee the above profits.

The Defendant deceiving the victim as above, and was issued a 100 million won check to the victim on October 17, 2014 as the borrowed money from the victim, and acquired KRW 200 million through the E bank account in the name of the Defendant on October 31, 2014 and acquired KRW 300 million through a total of two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness D and F in the third public trial records;

1. A written statement;

1. Studio non-contracts, certified copy of the register, receipts, deposits in other forms, and a certificate of cash custody;

1. Determination as to the assertion of the Defendant and the defense counsel in the investigation report (verification of the lease deposit)

1. Summary of the assertion

A. There was no false statement with the victim as stated in the facts charged.

B. The instant KRW 300 million is not a loan but a loan, and is given as a loan.

(c)

When the defendant received the above money from the injured party, the defendant had an intention to distribute the money to the injured party if he well operates the uncertain business at the time of receiving the above money (in consequence, he did not distribute the profit to the injured party because he was well aware of the business).