A defendant shall be punished by imprisonment for six 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

Around May 24, 2012, the Defendant made a false statement to the victim E, who operates the D entertainment tavern in the B coffee shop located in Daejeon Pungsung-gu, stating that “The Defendant will work in advance with a advance payment of eight million won until he/she has repaid the advance payment in the D entertainment tavern, if he/she paid in advance.”

However, since the defendant was issued with a prepaid payment from the victim from the beginning and attempted to use it, even if he received the prepaid payment from the victim, he did not have the intention or ability to work at the above main point.

As such, the Defendant, by deceiving the victim as such, received eight million won from the victim under the pretext of advance payment from May 26, 2012 to May 31, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a certificate of borrowing;

1. Relevant Article 347(1) of the Criminal Act concerning the crime, the choice of a sentence, the choice of imprisonment (Considering the relevant case under appeal, the method of crime and the relationship of criminal record, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the scale of damage, current occupation, intention to repay, confession and reflect, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;