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

except that 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 July 2006, the Defendant told D, the father of the staff C, who had worked in the coffee shop in Busan East-dong, which was operated by the Defendant, that “If he borrowed KRW 50,000,000 to C with the share of KRW 50,000,000,000, the Defendant would pay interest of KRW 2,000 per month while operating the entertainment room, and the principal would be repaid within two years.”

However, in fact, the Defendant did not have a plan to operate a entertainment room in Yangsan, but did not make a false statement. The Defendant was thought to use more than 40 million won for the unpaid personnel expenses, etc., and the Defendant had continuously incurred a loss from the Defendant’s operating company at the time. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to pay interest and principal.

On July 31, 2006, the Defendant, by deceiving the victim as such, obtained 50 million won from the victim as the borrowed money through C through the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the police statement protocol (including the C/D statement part) to E;

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

1. Article 62 (1) of the Criminal Act (i.e., confession and agreement)