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

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

Punishment of the crime

The Defendant left the Republic of Korea on March 17, 2005 and entered the Republic of Korea on October 21, 2012.

On December 12, 2003, the Defendant had invested KRW 150 million in the “F” entertainment tavern located in Busan E-gu, Busan, with the victim D at the “C coffee shop” located in Busan, but had already invested KRW 150 million in the “F” in Busan, and the principal would be paid 30% of the monthly revenue if the Defendant invested KRW 50 million in B, and the principal would be paid after one year, as the principal would have already been paid to the owner of the building, the return of principal may necessarily be made because there was KRW 80 million in the deposit already paid to the owner of the building.”

However, in fact, the defendant was planning to operate an entertainment drinking house only with the amount of KRW 50 million received from the victim, and there was no investment of KRW 150 million in the defendant's funds, and the lease agreement presented to the victim was made by requesting G to the lessor who was the lessor, and it was not actually paid the security deposit of KRW 80 million.

The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim, who was in his seat.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to D and H;

1. The current status of entry and departure, certificates, copies of real estate lease contracts, and the application of statutes;

1. Article 347(1) of the Criminal Act, the choice of applicable law and punishment concerning the facts constituting a crime, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (with regard to all the circumstances, such as the absence of criminal records of the same kind, the significant damage has been recovered, and the reflection of the situation);