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

From October 2018, the Defendant got as a customer at the D convenience point operated by the victim C in the Gangnam-gu, Dong-gu, Dong-gu, Seoul and became aware of with the victim.

On April 28, 2019, the Defendant: (a) on the first day of the convenience store, the Defendant: (b) concluded that the Defendant would engage in an entertainment business with the victim’s consent to engage in the business with the said business by stating to the effect that the Defendant “on the part of the Defendant was aware of the entertainment drinking house store; (c) there is a lot of money needed for them to raise; and (d) there is a lot of money on the part of them; and (c) agreed that the Defendant would jointly take over and operate the F Music club in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gyeong-gu as of July 28, 2019 with the victim on July 28, 2019.

Since then, on July 17, 2019, the Defendant stated that “the cost of advertising and publicity bags is required” to the victim, and said on the same day, that “it is necessary for the victim to run signboards” on July 25, 2019, the Defendant received KRW 1 million from the victim’s I Association account in the name of the Defendant on the same day, and then sent KRW 48 million to the victim on July 26, 2019, respectively. In addition, the Defendant sent KRW 50 million to the victim on July 26, 2019.

To do so, the remainder will be examined.

In order to commence ice business after acquisition, it was forwarded KRW 48 million to the I Association account on the same day, stating to the effect that the said I Association should pay in advance the money that it has to pay and prepare.

However, in fact, the Defendant was unable to fully repay the accumulated financial obligation at the time, and the economic situation was not good enough to apply for debt settlement to the Credit Counseling and Recovery Commission, so there was no way to prepare funds for the acquisition and operation of entertainment bars in addition to the investment money received from the victim, and there was no specific business plan for operating entertainment bars. Therefore, the Defendant used the money received from the victim for personal purposes, such as repayment of debt.