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

However, 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

피고인은 서울 중구 C아파트 스포츠센터 여자사우나를 실질적으로 운영, 관리하는 사람으로, 2013. 1. 28. 위 여자사우나 사무실에서 피해자 D에게 “사우나 대표 E이 스낵코너를 준비하고 있어 곧 돈이 나올 테니 검사는 이 부분을 “사우나 대표 E이 스낵코너를 만들려고 하는데 공사비용으로 1,500만 원을 빌려주면 2달 내에 틀림없이 갚겠다.

“Although indicted as indicated in its reasoning, it is determined that even if corrected based on the witness D’s legal statement and the Defendant’s statement, etc., there is no risk of substantial disadvantage to the Defendant’s exercise of his/her right to defense, it is recognized ex officio without any amendment to a bill of amendment. It is said that “A full payment will be made within two months if the Defendant borrowed KRW 15 million.

However, on August 2012, the Defendant entered into a credit service contract with F (tentatively called “defluence”) with the Defendant, while borrowing KRW 15 million, which is part of the deposit, from the victim, and at the end of the above service contract, the Defendant silented it and did not refund KRW 15 million to the victim despite the termination of the above service contract. In addition, even if multiple creditors, such as G and H bear obligations, and borrowed money from the victim, the Defendant had no intention or ability to use it in full for the repayment of the existing obligation, and thus, there was no intention or ability to repay it normally.

Accordingly, the defendant deceivings the victim as above and obtained 15 million won as the borrowed money from the victim on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including D's statement part);

1. I asserts that at the time of the instant case, the Defendant had the ability to repay the victim’s debt due to the claim of KRW 100 million against E.

According to the records, the defendant is liable to the victim at the time of the instant case.