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

On May 30, 2019, the Defendant: (a) on the first floor of Gangnam-gu Seoul (Seoul), “this location is leased and operated by D; (b) the victim C may pay a lot of money to D with a deposit of KRW 50,000,000,000,000,000,0000,000 won, such as a monthly loan, liquor payment, etc., is prepared and paid; (c) the monthly rent of KRW 9,500,000,000,000,000 won, was remitted to D and directly returned after six months; and (d) the victim wired 10,000,000 won to the one bank account in the name of D; and

6.3.20 million won and the 10.20 million won of the same month were remitted.

However, at the time, when the victim remitted KRW 50 million to D, the defendant was planned to receive KRW 20 million from D and planned to use it individually, and there was no alcoholic beverage price or operating expenses necessary to operate the liquor house, and the above security was planned to borrow it as security. Since there was no certain income or assets, there was no intention or ability to repay KRW 50 million to the victim six months after there was no intention or ability to repay it.

Accordingly, the defendant deceivings the victim and defrauds 50 million won.

Summary of Evidence

1. Examination of the suspect's suspect about the defendant's legal statement (including the part of each statement C and E);

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to the contract for sublease of real estate, the results of transfer, and the details of account transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is the defendant's confession of the crime of this case, the victim does not want the punishment of the defendant under an agreement with the victim, the defendant does not have any criminal records exceeding the fine, and there is no previous crime, and the amount of the money obtained, the size and environment of the defendant, the motive, means and result of the crime, other circumstances after the crime, and criminal records, etc.