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 is a person engaged in entertainment business, and the victim C is a representative director of corporation D who supplies alcoholic beverages.

On December 2, 2012, the Defendant: (a) at the office of the foregoing D Company in Suwon-gu, Daegu-gu; (b) even if the Defendant was unable to rent entertainment taverns due to the lack of financial standing, and even if he borrowed money from the victim, the Defendant did not have the intent to pay the full payment, ability, or interest thereof; and (c) despite having no intent or ability to maintain the said security even if he borrowed money from the victim as security for the right to operate entertainment taverns, the Defendant intended to directly operate entertainment taverns under the name of “G” with the name of “Seoul-gu, Daegu-gu, Seoul; (d) the lease deposit is KRW 30 million; and (e) the premium and the cost of the indoor artificial tery, KRW 70 million,000,000,000,000,000,000 won, including KRW 70,000,000,000,000,000,000 won, the Defendant paid the remainder to the victim as security deposit.

The Defendant, by deceiving the victim as such, received KRW 25 million from the victim on the pretext of the borrowed money from the victim, and received KRW 70 million in total from the International General Law Office located in the Daegu Suwon-gu H on January 3, 2013, such as remittance of KRW 45 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness J;

1. Copy of the loan certificate;

1. A copy of a notarial deed;

1. Copy of the assignment notification;

1. A copy of the real estate lease contract;

1. Copies of the business license certificate;

1. Copy of report on succession to status of business operator;

1. Application of statutes on a copy of transfer agreement;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;