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

On December 2, 2018, the Defendant would pay the fixed profits of each week and return the principal at any time at a time when he wishes to make an investment of KRW 40 million to the victim B in a mutually influence restaurant in Songpa-gu Seoul, Songpa-gu, Seoul.The Defendant made a false statement of the principal at any time.

However, in fact, the Defendant was thought to use the money received from the victim for other gambling than living expenses or D, and there was no system that incurs fixed earnings through D, and there was no intention or ability to pay the profits and principal to the victim by using the account in the name of Dong E that is not the victim because credit is not good.

Around December 7, 2018, the Defendant received KRW 40 million from the victim’s bank account (G) around December 7, 2018.

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

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Each police suspect interrogation protocol (including substitute part) of the defendant and E;

1. The police statement concerning B;

1. Application of each text message (not more than 21, 111, and 143 of investigation records), details of transfer, payment order, and statutes on the account details of banks in E name;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);

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

1. Article 62-2 of the Criminal Act of the community service order and Article 59 of the Act on Probation, etc. provide that the scope of recommendations according to sentencing guidelines [the decision of type] under the sentencing guidelines [the type 1] fraud [the scope of recommendations and recommendations] below KRW 100 million, basic area [the scope of recommendations and recommendations], the defendant who made a decision of a sentence of imprisonment six to one year and six months belongs to an investor who has been guaranteed profits, uses it for gambling by deceiving a large amount of money, and uses it for gambling, rather than against his fault within the investigative agency.