Seized evidence 2 through 7 shall be confiscated from the accused.

From 2012, the Defendant introduced that “The television program, such as Epic virus,” △△△△, made several contributions to the television program in the name of Epician PD, thereby obtaining a detailed statement by introducing himself/herself as a moto lottery expert who won not less than 3 times 2, 3, and 90 times 1, 3, and 90 times 1,000. The Defendant had attempted to obtain money by deceiving an unspecified number of people by predicting the winning number of mototo lottery tickets in the face of money or informing him/her of the winning.

The crime of selling goods ‘VIP special member' in relation to VIP special member(VIP)

On August 6, 2014, at the defendant's office located in Seoul, the defendant used a computer to provide the Internet site's new △△△△△ branch's Internet site's Internet bulletin board with the "one million won of the VIP special member's 1 million won," and if the defendant join the paid member, he will provide a mobile phone text message, etc. with theroto lottery winning winning numbers, and if he does not result in the 1, 2, and 3 of the Rototo 1, 3, etc. during the agreed period, he will refund the full amount of the subscription fee."

However, the fact is that the lottery winning numbers are all combined with each state, so the defendant is transferred.

Even if the winning numbers are analyzed, it was impossible to find out a high probability of winning winning numbers and to provide them to the product subscribers, and even if the defendant did not receive any property or revenue from the product subscribers at the time, he did not think or have the ability to refund the winning fees when the contract period expires.

Nevertheless, on October 11, 2014, the Defendant solicited the victim Kim ○, who reported and contacted the above advertising, to join the "VIP special member program" under the 1-year agreement, such as the contents of the advertisement, and acquired the victim by taking the following measures: (a) the number he/she conducted research is high; (b) the winning rate is high; (c) the number he/she paid out the membership fee is high; (d) the winning rate is high; and (e) he/she would be notified as a member system that the winning rate is high; and (e) he/she would refund the membership fee if he/she is not high; and (e) he/she received one million won from the victim’s bank account in the name of the Defendant as a member of the household from August 6, 2014 to December 6, 2016; and (e) by taking out KRW 142 victims from totaling 142 victims from them to December 14, 205,800.

2. The crime of selling goods "for the success of △△△△△△ prize";

On August 23, 2015, the Defendant posted an advertisement stating that “The Defendant will provide practical education once a week, every three months, at the Defendant’s home, to enhance the probability of winning the Rototototototototototo lottery tickets, such as searching for the winning number of the △△△△ successful know-how, and the flow, method, and method.”

Around January 20, 2016, the Defendant considered “Broto 2, etc.” to the Kim○○, who reported and visited the writing at the same place as on January 20, 2016, as three times, and 3, etc., as 90 or more. 4 and 5, etc., are numerous. These techniques were produced as video CDs, and the application for patent is also filed. In accordance with the internal techniques, the Defendant would be a gold prize. The Defendant called “Broto 2, etc.”

On January 21, 2016, 2016, ○○ Kim transferred KRW 3.2 million to the Defendant’s account as a consulting education fee with the belief of the horses and the Roto technique.

However, since the number of lottery winnings is combined with each week, even if the defendant analyzed the winning numbers of the previous meetings, the defendant could not find out the high probability of winnings, and there was no other way to increase the probability of winnings of the Rotototo lottery. Even if he/she receives money from the product subscribers, he/she did not think or have ability to educate the method of raising the probability of winnings of the Rotototototototo lottery once a week for three months.

The defendant obtained 3.2 million won from the victim Kim ○○.

The Defendant, as well as this, received the total of KRW 11,200,000 from around September 8, 2015 to July 4, 2016 by deceiving three victims.

"2017 Highest 3705

On August 6, 2014, the Defendant posted an advertisement stating that “The Defendant will pay 100,000 won to the △△△△ Party’s new Rool by using a computer in the above residence, and if the Defendant subscribed to a paid member with the title “1,00,000 won as the title “one-year agreed VIP special member” in the bulletin board, it will provide the expected number of the Rotototototototo lottery prize as a mobile phone text message, etc., and if it does not result in the Rototo lottery lottery 1, 2, and 3 during the agreed period, he will refund the full amount of the subscription fee.”

However, the fact is that the lottery winning numbers are all combined with each state, so the defendant is transferred.

Even if the winning numbers are analyzed, it was impossible to find out a high probability of winning winning numbers and to provide them to the product subscribers, and even if the defendant did not receive any property or revenue from the product subscribers at the time, he did not think or have the ability to refund the winning fees when the contract period expires.

Nevertheless, the defendant, who reported and contacted the above advertisement on May 4, 2016, recommended to join the 'VIP special member system' as a result of researching the 1-year Arrangement, 'the contents of the advertisement', and led to a large number of the number of the winning numbers in Korea, the winning rate is high, the winning rate is high, the membership system is notified to the high winning rate, and if the winning rate is not high, it is called that the defendant would refund the membership fee to the 500,000 won on the same day through the above account of the defendant, and on January 3, 2017, the defendant was transferred from the victim to the 50,000 won.

The defendant got 100,000 won by deceiving the victim KimO Ma.

"2017 Highest 4460"

From 2012, the Defendant introduced Potototo lottery experts from 2012, “Along with the logic of Epid PD, many contributions to TV program of Epid Bad Bad Bad Bad Bad Bad Bad Bad Bad Bad Bad Bad Bad 2, 3, and 90 times or more of Epid Mad Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod

On August 6, 2014, at the defendant's office, the defendant posted an advertisement with the content that "if the defendant takes one million won or more as the title "VIP special member" and paid members join the Internet site by using a computer at the defendant's office, the defendant will refund the total amount of the subscription fee to 1, 2, and 3 when it does not result in theroto lottery 1, 3, etc. during the agreed period."

However, the fact is that the lottery winning numbers are all combined with each state, so the defendant is transferred.

Even if the winning numbers are analyzed, it was impossible to find out a high probability of winning winning numbers and to provide them to the product subscribers, and even if the defendant did not receive any property or revenue from the product subscribers at the time, he did not think or have the ability to refund the winning fees when the contract period expires.

Nevertheless, on June 1, 2016, the Defendant solicited the victim ○○○○○, who reported and contacted the above advertising writing, to join the “VIP special member program” under the 1-year Arrangement, such as the content of the advertisement, and led the victim to a large number of the number of the winning numbers as a result of researching the Rotototo number, the prize rate is high, the number inside the research is high, the winning rate is to be notified to the effect that the winning rate is high, and if the winning is not high, the Defendant would refund the tuition fee to the victim. The Defendant was transferred from the Defendant’s account on June 13, 2016, through the Defendant’s account on the pretext of the membership fee. < Amended by Presidential Decree No. 27817, Jan. 25, 2017>

2017 Highest 4758

From around 2012, the Defendant introduced a variety of TV programs to many winners of the Roto Lottery Tickets, and obtained a detailed statement, and was willing to inform many people of the winning numbers of the Roto Lottery Tickets and to receive compensation therefor.

Around March 6, 2017, the Defendant reported the Internet, etc. advertisement at the Defendant’s office, and found it to be “Arototototototoo number” to the victim Kim 00, the Defendant, “as a result of researching therototoo number, the winning rate is high, the number he studies conducted by the Defendant is higher, and the membership system is 1.2 million won per week, and the winning rate is high and the winning rate is high. However, the winning rate is determined by the same veterinary probability, and the winning rate cannot exist specially, so the Defendant did not have the ability to provide the victim with a high winning rate.

The Defendant received 1,200,000 won from the victim in return for providing the victim with the high probability of probability.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statements made by the witness KimO-O Ma3 in the third protocol of trial;

1. Statements made by the witness KimO-O Ma3 in the fifth trial records;

1. Statement made by the witness Kim Jong-dae in the seventh trial records;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement about KimO MaMa, Jeju ○, Kim*

1. Written Statement of % by the Government;

1. e-mail statement in the highest $$$;

1. The police seizure record and the list of seizure;

1. Investigation report ( telephone communications);

1. Investigation report (Preparation of List of Offenses), investigation report (Correction of errors in the List of Offenses Prepared by Judicial Police Officers);

1. Response to requests for the provision of financial transaction information;

1. Determination as to the defendant and defense counsel's assertion on the closure of △△ Domoto screen

1. The assertion;

Since the Defendant provided a high probability of winning prizes to the expected degree by the victims, it is not a deceiving the victims. The victims do not believe that the victims would be the winning, and it is not an error. The Defendant had the intention or ability to return the membership fee.

2. Determination

Comprehensively taking account of the following circumstances admitted by the evidence mentioned above, it can be sufficiently recognized that the victims were erroneous by the Defendant’s deception, the Defendant’s deception, and the Defendant did not have the intent or ability to return the membership fee.

① The Defendant emphasized the fact that he won won at least three times, three times, three times, and ninety times, respectively, and posted the above contents on the Internet website. The victims were influenced by the above contents. The Defendant did not submit objective evidence supporting the above winning facts, and the above contents are highly likely to be false.

② The method of analyzing the Defendant’s assertion that there was no scientific basis, and there was no number of winning in the first class, second class, and third class among the numbers provided by the Defendant to victims, since the lottery winning numbers are newly created by each lottery. Thus, there was no number of winning in the past.

(3) Nevertheless, the Defendant expressed a majority of the winnings in his highest numbers through advertisements, or provided numbers with high probability of winnings in 1, 2, and 3, and received subscription fees from the victims as if the winnings are known, the full amount of the subscription fees would be refunded. This constitutes a deception, and the victims are deemed to have remitted subscription fees in the event of a mistake in the Defendant’s deception.

④ Since the Defendant had no cash at the time of selling the goods of VIP special members, there was no other property at the time of the sale of the goods, and had been in bad credit standing in excess of the obligation, the Defendant was able to expect a result of the failure to refund the full subscription fee to the victims because the Defendant was aware of such financial status of the victims.

⑤ The victims believe that the full amount of the subscription fee would be refunded if the victims were not winning in the first, second, and third cases during the agreed term, and thus, they would not have become a member if the Defendant knew that he did not have the ability to refund.

Application of Statutes

1. Provisions of law on criminal facts and the selection of punishment;

Article 347(1) of the Criminal Act, Selection of Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Article 25 (1) 1, and Articles 31 (1), 31 (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution;

1. Partial rejection of an application for compensation;

In light of the reasons for sentencing under Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the sentence of punishment shall be imposed in light of the fact that the victim of this case is majority, the amount of damage is reasonable, and the damage has not been recovered: Provided, That the defendant has no same kind of power, and the victim has no responsibility to a certain extent, and the defendant's age, character and conduct, motive and means of the crime, circumstances after the crime, and other various sentencing conditions specified in the records of this case and trial shall