A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 2016, the Defendant made a false statement to the victim C, “The Defendant made an investment of KRW 20 million in each of them, thereby operating a game room and dividing profits into two parts,” on the one hand, at the 5 apartment hole in the middle of Thai-ro 47.

However, the defendant did not have any idea to invest the amount of money up to 20 million won for the game room business, and even if he received money from the injured party for the purpose of operating the game room, he did not have any intention or ability to use it for preparation for the game room business.

The Defendant, as above, was delivered KRW 25 million in total on six occasions from September 19, 2016 to October 17, 2016, by deceiving the victim and receiving KRW 3 million from the victim as the name of operating expenses for the game room.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecution against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the accusation and detailed statement of deposit transactions;

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

1. As to the assertion of the Defendant and defense counsel under Article 62(1) of the Act on the Suspension of Execution, the Defendant and defense counsel did not intend to acquire by deception at the time of the instant crime.

The following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① the Defendant invested KRW 20 million between the victim and operated the game room for the same business and divided profits into two parts. However, even after receiving KRW 25 million from the victim, the Defendant did not actually open a game room. ② The Defendant was unable to start the game room because the victim did not pay money at once, and the Defendant did not immediately start the game room.