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

Punishment of the crime

1. Around March 2014, the defrauded made a false statement that “E” of the victim D’s “E” operated by Jinju-si, the Defendant would pay the victim a prepaid amount of KRW 35 million with a prepaid payment, and work as the head of the F entertainment tavern and E entertainment tavern. The Defendant would faithfully work for E entertainment tavern and pay KRW 35 million with a prepaid payment.”

However, the Defendant, with bad credit standing from around 2010 to March 2014, worked as the office at the “F” entertainment tavern located in G from around 2010 to around 2014, was unable to repay the Defendant’s personal debt of KRW 28 million in addition to the Defendant’s prepaid debt of KRW 50 million to the owner of the “F” entertainment tavern business. As such, the Defendant continued to work at the entertainment tavern because of the structure where the Defendant’s prepaid debt of female employees was guaranteed by the Defendant, and there was no thought that the Defendant would work at the entertainment tavern. The Defendant agreed to receive KRW 4 million monthly wage of KRW 4 million from the E entertainment tavern business and pay the aforementioned prepaid amount as interest for the said prepaid amount, and thus, it was well known that it was impossible to repay the Defendant’s prepaid payment to the owner of the said entertainment tavern business, and thus, the Defendant did not receive the aforementioned prepaid amount from the victim’s prepaid and did not receive the payment from the victim’s voluntarily.

Nevertheless, the Defendant, by deceiving the victim as above, received the total sum of KRW 35 million from the victim to the post office account under the name of the Defendant on March 29, 2014, and KRW 30 million on March 31, 2014.

2. The Defendant’s occupational embezzlement is “E” in the operation of the victim D, located in C, from April 7, 2014 to July 6, 2014.