On November 2015, the Defendant purchased sports soil lottery tickets from the convenience store in the operation of the victim C, which is located in the Seocho-si, Seocho-si, Manman on November 2015, and the Defendant is obliged to receive construction payment from E.

If it is possible to purchase a lottery ticket on credit, the payment will be paid in the last place.

“The purpose of “ was to make a false statement.”

However, at the time of fact, the Defendant had already been liable for the amount of KRW 40,000,000, and the construction cost that may be paid under E is less than 15,000,000,000 which does not reach the rehabilitation price purchased by the Defendant. The monthly income of the Defendant was insufficient to pay the above rehabilitation price, and thus, the Defendant had no intention or ability to pay the amount normally even if the Defendant purchased the rehabilitation from the injured party.

As such, the Defendant, by deceiving the victim, received delivery of the total amount of KRW 40,00,00 from November 201, 2015 to February 2, 2016, and the total amount of KRW 864,700 from April 2016 to May 2016 of the market price, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to credit information data, copies of a loan certificate, copies of a letter, details of sales of sports soil, and details of purchase of proto;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Application of the sentencing criteria [Scope of the recommended punishment] General frauds (less than KRW 100 million) and reduction area (one month to one year) [special sentencing factors] mitigation factors: Where the victim has considerable responsibility for the occurrence of crimes or the expansion of damage;

2. The fact that there was a history of punishment for the same criminal record as the sentence was rendered, no damage was restored, and no agreement was reached with the victim, the defendant led to the confession of the crime of this case, and the defendant is against himself, and a large amount of restoration is known that the defendant purchases lottery tickets.