On October 2018, the Defendant stated that the Defendant would promptly repay the money to the victim B via the mobile phone Kakakao Kakaothms.

However, in fact, the defendant was thought to use money from the victim as Internet gambling money, and there was no intention or ability to repay the debt even if he borrowed money from the victim due to the reason that there was no specific property or income, while at the time there was a debt of 12 million won to the lending company at the credit rating of 10 percent.

Nevertheless, from October 10, 2018 to December 17, 2018, the Defendant received a total of KRW 43,066,780 from the victim on a total of 21 occasions as indicated in the separate crime list, and had the victim settle KRW 3,840,00 for the Defendant in the Internet shopping mall C on November 23, 2018.

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (Attachment to the details of account transfer), details of accounts of D banks, and details of accounts of E banks;

1. Details of a report on investigation and the account transfer attached thereto;

1. Details of investigation reports (verification of Account Records) and attached grants for complainants (Arrangement of Suspect FF Bank Accounts);

1. Details of the grant money attached to the investigation report (verification of the details of use) and attached documents [the accused and the defense counsel asserted that the defendant and the defense counsel had a state of mental disability due to gambling addiction at the time of committing the crime, but in light of the background, method, relationship with the victim, etc. of the crime, it cannot be deemed that the defendant had a state of weak ability to discern things or make decisions. Accordingly, the above assertion is rejected) and applicable statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts and the reasons for sentencing choice of imprisonment.