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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Criminal facts
From May 2007 to June 5, 2010, the Defendant operated “D S Sari” in Gangdong-gu Seoul Metropolitan Government C.
1. On April 30, 2009, the Defendant drafted a “contract for the use of bath facilities (services)” with the victim E in the aforementioned “D Ba”, and told the victim to the effect that “the victim will be given the right to operate theme room by presenting the head of theme room and theme room within one to two months and directly operating theme room.”
However, from May 2008, there was no intention or ability to return the money to the victim, even if the victim received money from the victim as a security deposit, because of the fact that there was no intention or ability to return the money if the victim did not give the right to operate the closed-end room or to return the money if he did not receive any money in the name of the security deposit.
Nevertheless, the Defendant, by deceiving the victim as above, received 40 million won from the victim to the new bank account in the name of F (the birth of the Defendant) under the name of F (the birth of the Defendant) as the deposit money.
2. On June 9, 2009, the Defendant drafted a “contract for the use of the victim G and bath facilities (service)” with the victim G on June 9, 2009, the Defendant stated to the effect that “If the victim rents to another person and operates it directly, the contract would bring about KRW 10 million. However, if the lessee wishes to produce this money, KRW 10 million is necessary. However, if the lessee lends the money, KRW 3 of the interest will be paid with the income accrued from the operation of the tenant directly and directly, and the principal will be paid one year after receiving the money. In addition, the Defendant concluded to the effect that “I do not know that there is an apartment in the name of the husband of the woman, and that I would like to terminate all the collateral mortgages established on the apartment and set up a collateral.”
However, at the time of fact.