Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On November 10, 2010, the Defendant stated that “The Defendant would operate an amusement room from December 2010 to December 15, 2010, and would operate an amusement room and make half of the profits if invested only 15 million won.”

However, even if the defendant received money from the victim, he thought that it will be used for his own living costs, so that he operated a entertainment room or operated his business with the money, and there was no intention or ability to pay the proceeds to the victim.

On November 22, 2010, the defendant acquired 15 million won from the victim to the defendant's Nonghyup Bank account as investment money.

2. On December 3, 2010, the Defendant made a call to the said victim B, and told that “The Defendant would make half of the profits from the operation of the entertainment room if he/she transfers money to the said victim as he/she is in need of any more money to move and keep the amusement machine due to a serious crackdown.”

However, in fact, even if the defendant received money from the victim because he did not operate the amusement room at the time, he did not have any intention or ability to pay the profits from the operation of the amusement room to the victim.

On December 3, 2010, the Defendant received 500,000 won as investment money from the victim, and 400,000 won as the last day of December 2010, respectively, from the Defendant’s Nonghyup Bank account, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to B

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;