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.

Punishment of the crime

[Criminal Power] On October 7, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and the said judgment became final and conclusive on October 7, 2011.

On August 23, 2019, the Defendant was indicted by the Seoul Central District Court for violating the Electronic Financial Transactions Act and is currently pending trial.

【Criminal Facts】

The Defendant is a person who operates the “Clsting place” located in Pyeongtaek-si B jointly with D.

When the Defendant came to know that the victim E, who frequently visits to the meeting place as a customer, was interested in the operation of the meeting place, he was willing to acquire money from the said victim as a partner fee.

Around December 15, 2009, the Defendant made a false statement to the victim, “The present Caling Chapter has occurred in the amount of KRW 18 million each month sales, but the KRW 100 million security deposit was invested and operated to another partner. If the Defendant pays KRW 100 million to the other partner, the Defendant made a false statement that the name of the Caling Chapter C’s lease agreement will be 5:5.”

However, in fact, the Defendant was in a situation in which it was unable to operate a business with the victim without returning KRW 100 million from D who is a partner in the course of the opening of the Caling Chapter 3, and was expected to consume the money transferred from the victim for personal purposes, such as monthly income, public charges and facility costs, bowling equipment costs, public charges, repayment of public charges, personal repayment, and marine back-to-sea business investment, etc., and even if the Defendant was in a state of bad credit holder without any specific property, he was in a state of bad credit holder, even if he was paid the money for investment, he did not have any intent or ability to change the name of the existing partner D, or to perform the said business contract.

Nevertheless, the defendant deceivings the victim as above and deceivings the victim from the victim.