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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant leased the 2, 3th floor of the building in South-gu, South-gu, Dong-gu, and operated a restaurant (mutual name C): The victim D was prepared to operate a restaurant as the branch of the defendant.

On May 11, 2014, the Defendant sold to the victim about KRW 6,000 to KRW 7,000 in a month in which the second floor was opened.

In the case of having a cafeteria in the 3rd floor of our country, the cafeteria has been operated.

5. 31. up to 31. up to 3. Kapets will be moved from the 2nd floor.

20,000,000 won as security deposit may be claimed. This money will provide three-story construction works, furnitures, etc.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant did not have the right to sublease the three floors of the above building to the victim, and there was no intention or ability to perform construction works so that the victim can do a restaurant from the third floor, or to prepare a cafeteria. At the time, there was no intention or ability to return the said building even if the Defendant received money in the name of the deposit from the injured party because the restaurant business was not well-known.

However, on May 14, 2014, the Defendant: (a) by deceiving the victim as above; (b) received the total amount of KRW 10 million from the account in the name of the Defendant around May 17, 201; (c) KRW 190,000 from the account in the name of the Defendant around the 17th of the same month; (d) KRW 910,000 from the account in the name of his employee E around the 17th of the same month; and (e) KRW 1.9 million from the account in the name of his employee around the 17th of the same month; and (e) KRW 7 million from the account in the name of the Defendant around the 27th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of D in the second police interrogation protocol against the defendant

1. Statement made by the police against D;

1. Investigation report (to hear statements from a victim by telephone);

1. The loan certificate;

1. Application of Acts and subordinate statutes on deposit details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The sentencing criteria shall be;