A defendant shall be punished by imprisonment with prison labor for up to 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

【Before March 10, 2016, the Defendant, at the “C” restaurant located in Gangnam-gu Seoul Metropolitan Government, operated the victim D’s clubs with KRW 100 million deposit amount and KRW 13.9 million monthly rent in the building in Gangseo-gu Seoul, and the victim would normally pay a deposit amount of KRW 200 million if he/she is admitted to the successful bid system of KRW 200 million operated by the victim, and paid KRW 15.4 million in the first payment system in the city at that time to the victim.

【Criminal Facts of Crimes】 On April 11, 2016, when the Defendant was awarded a successful bid in Gangnam-gu Seoul Metropolitan Government F’s “G”, the Defendant deceiving the said victim, and received KRW 93.5 million immediately from the victim, and received KRW 5 million on April 18, 2016 from the Defendant to the new bank account in the name of the Defendant, and received KRW 148.5 million in total as the successful bid.

However, due to the financial difficulties of the defendant, the defendant did not have the intention or ability to pay the credit amount normally even after receiving the credit amount from the victim.

Ultimately, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint, receipt of fraternity, copy of confirmation, copy of building lease contract, copy of business registration certificate, copy of promissory note notarial deed, copy of fraternity books, details of text messages of a national bank, investigation report (specific amount);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraud [the type 2], the amount of more than KRW 100 million, and the amount of less than KRW 500 million (the amount of special punishment] mitigation factors: The person intentionally commits deception.