A defendant shall be punished by imprisonment for four months.

Criminal facts

On February 20, 2009, the Defendant subscribed to the “D” restaurant located in Japan’s New Stock Co., Ltd., and acquired it by deceptioning it by failing to pay 13 times the total amount of the deposit, even though there was no intent and ability to pay the deposit amount of 300,000 UN monthly income at the time, and even though there was no intent and ability to pay the deposit amount of 290,000 UN monthly income at the time, the Defendant continued to receive the deposit amount at 1.3 times the Defendant received 3,70,000 UN from the victim.

Summary of Evidence

1. The defendant's partial statement and his defense counsel asserted that the defendant only received 3.4 million UN from E as a guidance, and that the defendant did not have the intention to acquire by deception.

The following circumstances acknowledged by the evidence, ① the defendant prepared and stated that he shall keep 3.7 million UN on the cash custody certificate issued to the victim E, and the victim stated that he/she delivered 3.7 million UN on a consistent basis to the defendant. ② The defendant asserted that he/she paid 5 or 6% of the total amount to the victim E, but the defendant did not submit any supporting material, and the defendant continued to pay the total amount to the victim in Japan until he/she left Korea on April 25, 2009 and left Korea again on June 14, 2010. On the contrary, the victim stated that he/she did not receive the total amount to the defendant one time, and that he/she did not contact the victim after the receipt of the total amount to the defendant. ③ The defendant was obligated to pay the total amount to the victim in Japan, but he/she did not submit any supporting material until he/she entered Korea on April 25, 2009.