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

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

Punishment of the crime

On April 1, 2011, the Defendant made a false statement to the victim F, who was seeking a musical pocketet in which an artist E contributes to the development of a travel product within the entertainment consulting firm operated by the Defendant of the 6th floor of Seoul building in Gangnam-gu, Seoul, that “The Defendant may purchase 500 pocket books on the date on which the artist E performs.”

However, in fact, the defendant did not have good relations with I and did not have any consultation on the purchase of I and musical G performance pockets. Therefore, even if he received Tweet payments from the victim, he thought to be used as company operation expenses, etc., and he did not have the intention or ability to pay it to the musical production company and to purchase the musical performance pockets to the victim.

Around April 8, 2011, the Defendant received 500,000,000 won from the victim, from the Korean bank account (Account Number:K) in the name of the J, an employee of the Defendant Company.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the F statement section);

1. The police statement concerning F;

1. A complaint (including attached documents);

1. Application of Acts and subordinate statutes to investigation reports (to refer to I for reference and telephone communications);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of Probation and Social Service [Determination of the type] of general fraud [Special Characters below KRW 100 million] mitigation element - [The scope of sentence and punishment] mitigation area: - one year / [Determination of sentence] Defendant is sentenced to imprisonment for ten months in 2005 and 2010 for embezzlement, etc.; one year in 1 year in 2005; two years in suspended sentence; two years in 2010; Defendant was sentenced to suspended sentence; the victim was unable to be punished by full repayment of damage amount; and the victim was admitted to be erroneous.