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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 128] The Defendant, at the place of daily advertisement, has reported an advertisement to seek an employee in the entertainment drinking club D operated by the victim C in the Ynam-gun, and has gathered to receive a prepaid payment after deceiving the victim as if he were to perform the work in the said entertainment drinking club E.
On March 30, 2014, the Defendant, along with E, made a false statement to the head of the entertainment drinking house office H at the G coffee shop located in Ynam-do F, N, or the head of the entertainment drinking house as an employee of entertainment drinking tavern D.
However, the Defendant did not intend to work as an employee in the above entertainment tavern.
As above, the Defendant deceivings the victim, and received 2.5 million won from the victim’s post office account in the name of the Defendant through the post office account in the name of the Defendant.
[2014 J. 217] After I asked I to work in an entertainment drinking house, the Defendant gathered a criminal act by gathering the horses that he/she would receive a prepaid payment from the owner of the entertainment drinking house, and then he/she conspireds with the criminal act. On July 2, 2013, the Defendant made a false statement that “the Defendant would work in the main place as an employee.”
However, even if the defendant received the above advance payment from the victim, he did not intend to work as an employee of the above entertainment tavern.
As above, the Defendant conspired with I and received KRW 5,500,000 in total from 15 times to 11 April 201, 2014, in collusion with I and E, including by deceiving the victim and receiving KRW 5,500,00 from the victim under the pretext of advance payment, as described in the attached list of crimes.
Summary of Evidence
[2014 Highest 128]
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Each police statement of M and C;
1. A criminal investigation report (Details of bankbooks);
1. Defendant's legal statement;
1. Each police officer for E.