A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, while operating a restaurant, was aware of the victim C that he supplied food materials (pegos).

On November 18, 2017, the Defendant told the victim’s house located in Ansan-si, a member-gu, that “I will make a full payment within several days if I want to operate the game room.”

However, in fact, the defendant thought that he borrowed money from the damaged person to borrow money, but did not have the intention or ability to operate the game, and did not have any special means to safely recover the money borrowed, so there was no intention or ability to repay money within the same day as the victim promised.

Nevertheless, the Defendant, as seen above, received the total sum of KRW 667 million from November 18, 2017 to January 3, 2018 from the victim to the Defendant’s corporate bank account (E) from November 18, 2017, and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant deceivings a victim and defrauds a lot of money, and has not been fully recovered until now, and that there is a same kind of power, etc. are disadvantageous.

However, the sentencing conditions shown in the trial process, such as the defendant's age, sex, environment, circumstances after the crime, etc., shall be determined as ordered by considering the fact that the injured person is not subject to the punishment of the defendant by agreement with the victim, the fact that there is no particular record of punishment, the fact that there is no specific record of punishment, and other records and conditions of sentencing as shown in the trial process.