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

Punishment of the crime

On October 201, the Defendant made a false statement to the effect that “The Defendant would select the site of the Seoul Myeon-dong or the Suwon AB at the construction site of the Gu, Myeon-dong or Suwon AB” to the effect that “The victim A may operate the Hab restaurant at the construction site of the Seoul Myeon-dong or Suwon Myeon-dong, Seoul Myeon-dong or Suwon AB site.”

However, in fact, the Defendant did not have any specific progress, such as entering into a contract with a construction company to operate the construction site restaurant at the construction site in Seoul, Dong or Suwon AB at the construction site in Seoul, and the Defendant had already invested KRW 500 million in order to operate the site restaurant at the construction site from around 2008 to around 2009, but had no intent or ability to allow the victim to commence the business by obtaining the right to operate the site restaurant normally at the time of the promise of the Plaintiff’s promise, since the Defendant had invested KRW 300 million in the construction site at the H apartment, Suwonwon I apartment, and Ansan J Apartment apartment, but had not been able to recover the amount of the money received from the victim due to the failure to obtain the right to operate the site restaurant at the construction site at the construction site at the time of the Plaintiff’s promise.

Nevertheless, on October 31, 2011, in order to induce the opening of a restaurant by deceiving the victim as above, the Defendant received KRW 50 million from the bank account in the name of the Defendant around October 31, 201 in return for inducing the opening of the restaurant by obtaining the right of operation of the on-site restaurant from the victim, and by deceiving the victim as stated in the attached crime list, and then received the total amount of KRW 125 million from the victim four times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement of AA;

1. Investigation report (the statement of a witness AC excursion ship);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act for the reason of sentencing of the crime of this case