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

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

Punishment of the crime

On October 12, 2014, the Defendant is aware of the fact that the victims E wishing to receive the right to operate the restaurant at the Defendant’s house located in the construction site in Gangnam-gu Seoul Metropolitan Government D apartment 7 Dong 505, and that the Defendant is aware of the fact that “I are the Cheongdae, the political parties, the president of the large enterprise, and the president of the construction company.”

It means that they will be given the right to operate the restaurant to the party.

In this regard, first of all, the ruling that it is difficult to grant the right to demand the payment of the deposit money, and that it is difficult to do so only because it is flickly and flickly, so that it can not be said that it would be flick."

However, the facts did not have the intention or ability to grant the right to operate the restaurant to the victim with the right to operate the restaurant by giving the tuition funds to the person working in the office, the president of the large enterprise, etc.

On October 13, 2014, the Defendant: (a) by deceiving the victim; (b) received 13 million won from the victim to the new bank account of the Defendant for the use of the street funds; (c) and (d) received, or received, a total of eight times until December 15, 2014, a total of 66 million won (excluding KRW 10,700,000,000,000) from the victim, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Character messages printed out;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The reason for sentencing under Articles 62(1) and 62(2) of the Criminal Code of the Suspension of Execution does not specify the amount obtained by the Defendant for the reason of sentencing, and there is a history that the Defendant has been punished by imprisonment without prison labor or a heavier punishment due to conflict and embezzlement, the victim wanted to punish the Defendant, and the victim also tried to acquire the right to operate the restaurant through private solicitation. In this respect, the victim is also trying to acquire the right to operate the restaurant.