A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On September 15, 2010, the Defendant made a false statement that “The Defendant would allow the victim D to operate a brine restaurant at the construction site of the Ilsan apartment complex.”

However, there was no intention or ability to transfer the right to operate a restaurant in the apartment construction site.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the account in the name of the Defendant, under the pretext of the delivery of the right to operate the restaurant, and acquired KRW 7,355 million in total by the same method over 25 times from around that time to March 4, 2013, as indicated in the attached list of crimes, from around that time.

Summary of Evidence

1. A statement to the effect that the defendant has received money as stated in the judgment in terms of expenses from the victim by allowing the victim to operate a cafeteria in this court;

1. Legal statement of witness D;

1. Statement to the effect that part of the amount received from the victim has been used for any other purpose among the first interrogation protocol of the defendant against the defendant at the police time;

1. A copy of each bankbook;

1. A list of transactions of self-reliance deposits;

1. Application of the statutes of the detailed statement of transactions of free savings deposits;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) and mitigation area (one month to one year) [Special Mitigation] [Pronouncement Decision]: Imprisonment with prison labor for six months, imprisonment with prison labor for two years under the suspended sentence, and imprisonment with prison labor for two years under the suspended sentence, and the number of damages, etc., but the sentence was determined in consideration of the agreement with the victim.