A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 2, 2011, the Defendant told the victim D and E to have a deposit of KRW 30 million and premium of KRW 35 million operated in the store No. 2-37, Gangnam-gu Seoul, Seoul, to have the victim D and E operate clothes at the store No. 2-37.

Although the Defendant: (a) leased the said store from G to G, the Defendant had already borrowed KRW 20 million from around December 201 to G as security; (b) even if having received money from the victims as security for the leased deposit and the premium, there was no economic ability to repay KRW 20 million to G due to a large amount of other debt; and (c) the Defendant did not attempt to receive the key from G to receive the key of the said store and to make the victims operate the store without paying KRW 20 million; and (d) even if receiving money from the victims under the name of the leased deposit and the premium, even if he received money from the victims, he did not have the intent or ability to sublet the store so that he could operate the garment at the store, and instead, he did not have any other obligation to repay the money received from the victims.

Nevertheless, the Defendant received KRW 10 million from the victims’ bank account (Account Number H) around March 2, 201; KRW 10 million around July of the same month; and KRW 20 million around the 15th day of the same month; and received KRW 20 million on behalf of the victims at the end of the same month; and received KRW 20 million on behalf of the State.

4. Police Officers issued five million won in cash.

Accordingly, the defendant received a total of KRW 65 million from the victims five times, and acquired it by fraud.

Summary of Evidence

1. Each legal statement of witness E, D, I, and G;

1. Part of the suspect interrogation protocol against the defendant (the defendant asserted that he was only 60 million won, but the witness E and D's each legal statement and each corresponding document (the defendant received KRW 65 million according to the investigation record).