A defendant shall be punished by imprisonment for four 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

1. 피고인은 2010. 7. 5.경 서울 은평구 D에 있는 상호를 알 수 없는 닭볶음탕 식당에서, 같은 해 4.경 결혼정보회사를 통해 만나 교제 중이던 피해자 C에게 “내가 건축 현장소장이다. 김포에 대단위 아파트 재개발이 들어오는데 그곳에서 함바식당을 하면 돈을 많이 벌 수 있다. 돈을 빌려주면 함바식당을 하게 해 주겠다. 설령 식당을 운영하지 않고 받아서 팔기만 하더라도 5천만 원은 떨어진다”라고 거짓말하였다.

However, even if the defendant received money from the victim at the construction site, the defendant did not have the ability or intent to allow the victim to operate the boom restaurant.

Nevertheless, the Defendant, by deceiving the victim as above, received five million won from the victim to the Industrial Bank of Korea (E) account under the name of the Defendant on the same day as the down payment in the cafeteria.

2. On July 26, 2010, the Defendant made phone calls to the victim and made calls to the persons related to the brine restaurant, and borrowed money to the brine construction site that requires repair, as the water tank equipment at the brine restaurant construction site was broken down or repaired. However, the Defendant did not proceed with the brine construction, and the Defendant did not have the intent or ability to allow the victim to operate the brine restaurant.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Industrial Bank of Korea account under the name of the Defendant as stated in paragraph (1) on July 26, 2010, under the pretext of entertainment expenses and loans.

3. On August 4, 2010, the Defendant called the victim by phoneing the victim at an irregular site and falsely called “the water tank facilities at the construction site of the brin restaurant need to be repaired,” but in fact, the Defendant wishes to allow the victim to operate the brine restaurant as provided in paragraph 2.