A defendant shall be punished by imprisonment for four 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

On November 10, 2014, the Defendant concluded that “If the Defendant wishes to open a skin care room in front of the beauty room in which the Defendant had been operating the c building in Ansan-gu, the Defendant purchased machinery with the remainder of KRW 10 million as security deposit for the skin management room, and then opened the skin management room until November 17, 2014, the Defendant would pay interest for six months as business profit and repay the principal and interest as equal to the principal and interest by November 10, 2015.”

However, the Defendant did not have any intention or ability to open the skin management room. The Defendant did not pay the monthly amount of KRW 20 million at that time, while the Defendant was in arrears with the monthly amount of KRW 60 million at that time, on the other hand, he did not have any intention or ability to repay the said amount even if he borrowed money from the victim because he did not have any other income and property.

The Defendant received KRW 10 million from the victim to the account in the name of the Defendant, and had the victim pay KRW 10 million on behalf of the victim the deposit for the lease of commercial buildings.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general fraud (less than KRW 100,000) (one month to one year) and the area of mitigation [the amount of punishment] [the amount of special mitigation] in light of the amount of damage, etc., four months of imprisonment shall be sentenced, but most of the amount of damage was paid and agreed with the victim. The victim did not want the punishment, and there was no record of having been sentenced to imprisonment without prison labor or heavier punishment.