A defendant shall be punished by imprisonment for six 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 September 2015, the Defendant leased 40 million won monthly rent to the victim C at a coffee shop in which the trade name in Seogu-gu, Daegu, was unknown.

“The phrase “ was false.”

However, the defendant did not have the above amusement equipment at that time, and the defendant thought to use it for other purposes with money from the injured party, so even if he received the deposit and rent from the injured party, he did not have the intention or ability to lease the amusement machine as agreed.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the damaged party, KRW 10 million around September 10, 2015, KRW 10 million around September 20, 2015, KRW 6 million around September 20, 2015, and KRW 26 million under the name of the same rent as that of the victim, and KRW 15 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the fact that the Defendant committed the instant crime even though the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act had a history of punishment more than twice due to the same kind of crime, and that the Defendant did not refund a considerable portion of the amount of damage up to the present time, the Defendant’s liability is very heavy.

However, the defendant's confession and reflect attitude, and the amount of 26 million won (16 million won) acquired by the defendant from the damaged person was actually used as the production cost of amusement machines, and the actual profit amount that the defendant acquired by the above crime is not relatively much much, and the sentencing conditions such as the defendant's age, sex, environment, motive and circumstance of the crime, relationship with the victim, and circumstances after the crime shall be determined as ordered by considering the following factors.