A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On November 26, 2009, the Defendant entered into a provisional contract with the victim D to provide entertainment services on the second floor of this building. In order to enter into a contract on a daily basis, there is a lack of down payment of KRW 30 million. The Defendant made an investment of KRW 30 million to the effect that he/she jointly operates a business.

However, at the time of fact, the Defendant was in need of paying a fine of KRW 27 million and tax of KRW 46 million in unpaid condition. On November 27, 2009, the Defendant did not have any intent or ability to operate a entertainment business by entering into a commercial lease agreement with the victim even if he received money from the victim, since he did not enter into a lease agreement with the second floor of the commercial building.

The Defendant received 30 million won from the victim via the bank account (Account Number F) in the name of E on the same day.

As a result, the Defendant was given a delivery of KRW 30 million by deceiving the victim.

2. At around 14:00 on December 4, 2009, the Defendant entered into a contract with the victim G to engage in entertainment business on the second floor of this building, and the Defendant requires KRW 30 million as the contract deposit for interior works. The Defendant made a false statement to the effect that “The Defendant invested KRW 30 million.”

However, at the time of fact, the Defendant was in need of paying a fine of KRW 27 million and tax of KRW 46 million in unpaid condition, and there was no intention or ability to operate entertainment establishments even if the Defendant received money from the victim due to the fact that the Defendant entered into a lease contract with the second floor of the above commercial building.

The Defendant received 30 million won from the victim via the bank account (Account Number F) in the name of E on the same day.

As a result, the Defendant was given a delivery of KRW 30 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police interrogation protocol against the defendant, G and H

1. The police of D. D.