A defendant shall be punished by imprisonment with prison labor for up to six 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

In 2018, the Defendant made a false statement to the effect that “The Defendant would pay the victim C the amount of money of KRW 5 million per month and KRW 1.25% per month as the principal of each month and the amount of KRW 400-5 million.”

However, in fact, the Defendant intended to establish a game room that differs from the content of the rating classification and operated the game room, and the Defendant merely explained to the effect that, even though such operation itself had a risk of illegal crackdown and forfeiture of a game machine exists, it can impose a large amount of money without notifying the victim of such fact at all, and the Defendant is operating an illegal game room before it.

There was only experience in damages and there was no ability to pay the principal and interest of 5 million won per month even if the victim received investment money from the victim because the amount of the game room intended to operate is not large.

On October 16, 2018, the Defendant deceivings the victim as above and received cash KRW 50 million from the Ecafeteria located in Gyeyang-gu Incheon Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Part concerning the statement of C or F in the police interrogation protocol against the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes, such as photographs, borrowing certificates, investigation reports (verification of property-related materials, etc.), and credit information inquiry;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

1. The scope of liability for damages is clear, considering the content of the agreement concluded on August 16, 2019 and the implementation process thereof, as of August 3, 2011, Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Application for Compensation Order.