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 February 2, 2010, the Defendant stated that “D”, which is an urban village delivery business place operated by the Defendant located in Gwangjin-gu Seoul Special Metropolitan City, was the victim E, that “The Defendant shall have the right to operate a marina and social store. If the money is lent, it shall be given with the right to operate a store, allowing the Defendant to operate one of the stores, and the principal shall be paid at the fifth (5) interest of each month for the borrowed money, and the principal shall be paid six (6) months thereafter.

However, the Defendant did not have a specific plan to obtain the right to operate a marina store, and was planned to use the “D” operating fund, which was in a management shortage with money from the victim, and was already in a status of excess of the obligation, so even if receiving the said money, the Defendant did not have any capacity or intent to perform the said promise.

The defendant deceivings the victim as above, and is also against the victim.

3.2. The Defendant’s wife was delivered KRW 14.4 million in total to an enterprise bank account with the Defendant’s wife F, KRW 9.5 million in total to the said account on the 11st of the same month, and KRW 28.5 million in succession to the said account on the 31st of the same month, and KRW 52.4 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Decision of Punishment] - Where punishment is not granted or considerable damage is recovered [the scope of punishment or recommendation in the area of recommendation], one month or one year [whether suspended sentence is suspended] - Where considerable damage is recovered: (1) In a case where considerable damage is recovered, (2) in a case where punishment is not positive, (3) in a case where social relationship is obvious, (2) in a case where there is no criminal offense, and (3) in a compulsory auction procedure of real estate owned by the defendant. (36,973,602 won was distributed to the victim.