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

On February 28, 2019, the Defendant made a phone call to the victim D in Daejeon-gu B and the first floor C store operated by the Defendant, saying, “I would make a prompt payment of KRW 17 million,00,000,000,000,000,000 from now to now. If it is necessary to pay money, I would make a statement to the wife about the truth and make a prompt withdrawal in cash even at the latest,” and on the same day from the victim, around 16:41 on the same day, the Defendant received KRW 17,00,000 from the Kakao Bank Account (Account Number E) in the name of the Defendant, and immediately thereafter, “I lend KRW 20,000,000,000,000 to the next day.” On the same day, I would also pay KRW 28:07 to the victim with a new account in the name of F (G) in the name of the Defendant.

However, the Defendant thought that the above funds will be used as the gold of so-called “Abababa gambling (or gambling to receive money through the Internet)”, and therefore, it was impossible for the Defendant to immediately repay the above money to the victim on the following day by gambling in solitary money. The revenues from the restaurant was held and managed by the wife, and there was a personal obligation borrowed from the surrounding people at the time. Thus, even if the Defendant borrowed money from the victim, there was no intention or ability to immediately repay it on the following day.

The defendant, by deceiving the victim, obtained 37 million won and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol of the defendant (including D's statements)

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning the details of entrance and departure transactions and the Kakao Stockholm dialogue;

1. Relevant Articles 347 (1) and 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The types of recommendations according to the sentencing criteria;