A defendant shall be punished by imprisonment for 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

The Defendant was a person who operated a restaurant called “D” in Bupyeong-gu Incheon Metropolitan City C.

On January 17, 2016, the Defendant issued a false statement to the victim B to the effect that “the franchise branch of the D cafeteria operated by the Defendant is an additional opening of the D cafeteria.” The Defendant employed the D’s accounting and paid KRW 2.5 million per month. In the case of accounting, the Defendant made a false statement to the effect that “The 10 million won per month is changed as a security deposit for employment because there is a risk of escape with money.”

However, the Defendant was unable to pay wages to his employees from October 2015 due to the difficulties in operating the said restaurant, and there was no particular property. The said restaurant was a small-scale restaurant that is operated by the Defendant and employees to receive food costs in cash from its customers, and thus, the Defendant did not have the intent or ability to employ the victim even if he received money from the victim as a security deposit for employment, and there was no intention or ability to return the money to the victim.

As such, the defendant deceivings the victim as such, and acquired 10 million won from the victim as a security deposit for employment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 (Article 25 (3) 3 (Article 32 (1) of the Act on Special Cases concerning the Rejection of Lawsuit, etc. of Application for Compensation (Article 32 (1) 3

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types) shall be the basic area of less than KRW 100 million [the scope of recommendations and recommendations], and six months through one year and six months; and

3. Determination of sentence: A normal situation in which one has the same kind of power, which is favorable; and