A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who has been operating a G sing practice hall with the F and the same business by lending the name of anyone or E in the Singing City D.

On January 1, 2015, the Defendant concluded that, by telephone, the victim H, who is in an influence with the trade name of the members of Ansan-si, Ansan-si, the Defendant “on July 14, 2015, the Defendant would pay the interest of KRW 100 million on a monthly basis, and would repay by July 14, 2015.” On the 15th day of the same month, the notary public of the 102 International Building of Ansan-gu, the Republic of Korea notarized the monetary consumption lending contract for the same purpose to the victim via K at the law firm, and “if the Defendant fails to pay the money, he/she will transfer the G music practice hall operated by him/her.”

On January 15, 2015, the victim transferred KRW 60 million to the Agricultural Cooperative Account under the name of the defendant, and KRW 40 million to the same account on January 19, 2015, respectively.

However, at the time of fact, the Defendant had no property owned by the Defendant and was bad credit, and the said singing practice hall was operated by F with investment of KRW 120 million and KRW 50 million by the Defendant, but the security deposit was deducted due to the lack of profit or loss, so there was no intention or ability to pay money to the victim properly, and there was no intention or ability to transfer the said singing practice hall to the victim.

As such, the Defendant, by deceiving the victim, received a total of KRW 100 million from the victim twice.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each legal statement of the witness H and K in each part;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of victim data: Process Deed, etc.);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, grounds for conviction of a sentence of imprisonment;

1. The summary of the Defendant’s and the defense counsel’s assertion is that “The security value will always be KRW 100 million or loaned to K.