A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On August 11, 2015, the Defendant is promoting the creation of a Ftech in the E E building connected to D's station at the coffee shop located in Yongsan-gu, Jungyang-gu.

Since the annual rent has been fully paid, if the construction fund has been short of KRW 100,000,000 for the first two months, it was said that it would be paid KRW 3,000 during the first two months, and that it would be open around November 2015, and from that time, 1% of the sales will be paid, and the principal will be repaid when one year has passed after the opening.

However, even if the Defendant borrowed money from the injured party, it was thought that he would consume personal debt and living expenses, and did not think that he would use it as construction cost for the creation of theme, and since the tearc has been already interrupted on June 2015, the tearc Corporation had already been in the state of suspension on or around 2015, there was no intention or ability to repay the debt as promised to the injured party by opening the tearc in around November 2015.

Nevertheless, the Defendant: (a) deceivings the victim by making such a false statement; (b) received KRW 100 million from the victim on August 17, 2015 from the victim; and (c) obtained a total of KRW 112.6 million on seven occasions from that time to March 31, 2016, as shown in the list of crimes in the attached Table, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement C in the second-time police interrogation protocol against the accused;

1. Statement made by the police against C;

1. C’s statement;

1. Written complaint filed by C;

1. An investigation report (as to the transaction details of passbooks in the name of the suspect)

1. Investigation report (unwritten complaint and attachment of written opinions);

1. Investment contract;

1. A construction contract;

1. A receipt for withdrawal;

1. Contents of text messages (Nos. 6, 8);

1. Details of transactions in the name of the recipient;

1. The details of the passbook transaction in the name of the corporation [the defendant has not received KRW 1 million from the injured party on March 23, 2016 regarding the crime of fraud No. 6 of the annexed crime list No. 300,000,000,000 won.]