A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around August 2019, the Defendant stated that “D” restaurant in the Busan Eastdong-gu C building is to be taken over along with E. The Defendant invested KRW 55 million necessary to take over, and paid the profits of KRW 4,00,000 per month by operating a restaurant on the face of the State.”

However, in fact, since the above restaurant was acquired by E alone, the defendant did not have the authority to operate the above restaurant or to receive the premium, etc., and there was no agreement from E to receive the profit, and part of the restaurant was lent from the victim to E, and there was no intention or ability to reduce the investment amount or the profit from the victim because there was no certain occupation or property.

As above, the Defendant, by deceiving the victim and deceiving him from the victim to the F account (G) in the name of the Defendant’s name on August 15, 2019, shall be KRW 10 million under the name of the victim’s investment in the above restaurant; the same year.

9.6. A remittance received total of KRW 5 million, including KRW 45 million, to the same account;

Accordingly, the defendant, by deceiving the victim, acquired the property from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to prosecutorial protocol of statement to the victim E;

1. The punishment as ordered shall be determined by taking into account all the sentencing conditions, including the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act, the content and amount of the crime as indicated in the grounds for sentencing of imprisonment, the fact that the damage was not recovered, the age, character and conduct of the defendant and the circumstances after the crime, etc.