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

On November 20, 2008, the Defendant made a false statement to the effect that “The Victim E, who was introduced through the Young-gu Busan metropolitan phone store D, made an investment of KRW 140 million in total, in 100,000,000,000,000,000 each, to operate an adult amusement room.” The Defendant made a false statement to the effect that “The Defendant would be responsible for operating the adult amusement room directly and distribute profits.”

However, in fact, the Defendant was expected to use the adult entertainment business partner’s money received from the victimized party for the purpose of individual stock investment, and there was no other self-sufficiency or personal property, and from the beginning there was no intention or ability to operate the same as the injured party and the adult entertainment room or distribute the profit to the injured party as agreed.

Accordingly, the Defendant, as seen above, had the victim enticed and had the victim receive KRW 70 million from the victim, namely, from the adult amusement room, under the name of the business partner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to written complaints, replies to requests for the provision of financial transaction information, investigation reports;

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The fact that the defendant acquired the money by deception for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is not a significant amount, and that it is not agreed with the victim until now is disadvantageous.

However, it is advantageous to the fact that the defendant recognized the facts charged and seriously reflects the facts charged, there is no record or record of punishment exceeding the fine imposed on the defendant, and that the defendant paid 39 million won to the victim immediately after the instant case, and that the court deposited 15 million won in total for the recovery of damage over two occasions.

In addition, this case's age, sex, environment, means and results of crimes, circumstances after crimes, etc.