A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 22, 2012, the Defendant made a false statement to the victim F via E that “I will lend money to be paid to a game room, promptly,” and on February 27, 2012, the Defendant made a false statement to the effect that “I will make a legitimate amusement room on the D page. If I lend 50 million won to the game room by the end of March 2012, I will make profits every month by opening a game room.”

However, the facts are that the Defendant has already been liable for debts of 40 million won in bad credit standing, and the D cafeterias also failed to pay monthly taxes, and all deposits have been funded, and even if he/she borrowed money from those who decided to make an investment in the entertainment room, he/she did not have the ability to operate the entertainment room, and there was no intention or ability to pay the borrowed money.

Around February 22, 2012, the Defendant, by deceiving the victim as above, received KRW 12 million in cash from the victim, via E, around February 22, 2012; KRW 10 million in cash from the Korea Exchange Bank (G) passbook under the name of E on February 23, 2012; and KRW 28 million in total from the name of E on February 27, 2012.

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

Summary of Evidence

1. Each legal statement of witness F and H;

1. Partial statement of witness E;

1. Examination protocol of suspect E by the prosecution;

1. Part of the statement of F in the protocol of interrogation of the police against the accused (two times, replacements);

1. The police statement concerning F;

1. A written statement;

1. A loan certificate, a letter, or a copy of a bankbook;

1. A fact-finding certificate;

1. Application of Acts and subordinate statutes to investigation reports (investigation into D Building Owners);

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

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Code of the Suspension of Execution are investment funds and actual game places.