A defendant shall be punished by imprisonment for not less than five 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

1. On January 2012, 2012, the Defendant made a false statement to the victim E of D entertainment bars with the first floor of Gangnam-gu Seoul High Ground, Gangnam-gu, that “I wish to complete payment with money if I wish to lend the money to E”.

However, even if the defendant borrows money, he did not have the intention or ability to repay it.

The Defendant, as above, by deceiving the victim, received KRW 15 million from the victim on the same day.

Accordingly, the defendant, by deceiving the victim, received the property by deceiving the victim.

2. From January 3, 2012 to January 20, 2012, the Defendant engaged in an employee management and drinking-value collection business at D entertainment taverns with the first floor of Gangnam-gu Seoul Metropolitan Government C underground level.

On January 10, 2012, the Defendant received the drinking value of KRW 2,00,000 from an unclaimed customer, and received KRW 2,00,000 from the customer F on January 13, 2012. On January 20, 2012, the Defendant received the drinking value of KRW 1.9 million from the unclaimed customer F, and used KRW 5,90,000,00 for personal use around that time while being in business custody for the victim G.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and E among the suspect interrogation protocols Nos. 2, 3 and 4 of the police officers against the accused;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (the point of fraud), the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The instant crime with the reason for sentencing under Article 62(1) of the Criminal Act is a case where the Defendant, while working as an employee of an entertainment drinking club, acquired money from the workplace club with the borrowed money and embezzled the borrowed drinking value, taking into account the circumstances surrounding the crime and circumstances after the crime.