1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. The Defendant is not guilty of embezzlement against C among the instant public prosecution.

Criminal facts

[criminal record] On February 1, 2012, the Defendant was sentenced to one year of imprisonment for embezzlement at the Daegu District Court, and was released on January 30, 2013 from Andong prison, and the remaining term of imprisonment was terminated on March 5, 2013.

[2017 Highest 1985] On August 2016, the Defendant made a false statement to the victim F, “When a legitimate game machine was installed and operated together, the game room would be changed to KRW 10 million.”

However, even if the defendant received money from the injured party, the defendant did not have the intent or ability to purchase the game machine, and was planned to use the money from the injured party for personal debt repayment.

On August 19, 2016, the Defendant received KRW 7 million from the injured party to the national bank account (Account Number H) in the name of G, and KRW 1 million from September 18, 2016 to the same account on September 1, 2016, respectively, in addition, received KRW 2 million in cash around the 15th of the same month.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 10 million and acquired it by fraud.

[2017 Highest 2395] The Defendant was a person who operated a game room and run a game machine lending business around the time of the instant case.

On January 14, 2014, the Defendant entered into a rental contract with the victim K to use the adult game machine for two months at the J Joint Legal Office in Jongno-gu Seoul, Jongno-gu, Seoul, under which the Defendant received 80 units of the said game machine from the damaged party.

Since then on the 17th day of the same month, when the victim was unable to pay the rental fee, and the victim returned 30 games to the victim's request for return, the remaining 50 games were embezzled by 50,000 won of the market price, such as transfer to L, even though they were immediately returned to L.

[2017 Highest 3487]

1. On May 2013, the defrauded against the victim M is placed in the entertainment room operated by the Defendant located in Daegu Northern-gu N, Daegu, on the following grounds: “The amusement room is good because the amusement room is good.”