A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On June 25, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor for an indecent act committed by the Seoul Central District Court on June 14, 2009, and the said judgment became final and conclusive on June 14, 2009. On May 14, 2010, the court was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Regulation of Similar Receiving Acts, and the said judgment became final and conclusive on August 20, 2010. On February 6, 2015, the Seoul Southern District Court sentenced four years of imprisonment with prison labor for a crime of fraud and became final and conclusive on September 24, 2015.

[Criminal facts]

1. On December 2008, the Defendant committing a game machine investment-related crime may bring profits to the victim E at the office of the D Co., Ltd. where the Defendant, in the fourth floor of the Dongjak-gu Seoul Metropolitan Government C building, operated by the Defendant on the early December 2, 2008.

The purport was that if the purchase price of a game machine is invested, it would be guaranteed up to 80% of the profits.

However, even if the defendant received the purchase price from the injured party, he did not have the intent or ability to purchase the amusement machine or pay the profits to the injured party.

The Defendant received from the injured party a total of KRW 15.4 million, including KRW 2 million on December 12, 2008, KRW 6.6 million on June 16 of the same month, and KRW 6.6 million on December 23 of the same month.

2. The Defendant, along with G, planned to undertake the F building in front of the Seoul JJ station at the victim E at the first office of the Defendant on March 23, 2009, the second floor of H building in Mapo-gu Seoul, Seoul, for the F building.

In the event of an investment of KRW 10 million, 30,000 shall be paid in return for the acquisition of the building, and then 17,50,000 won shall be paid in return for the lease or sale of the building.

However, the defendant did not have the intent or ability to take over the F building or pay the profits to the victim even if he received the investment from the damaged person.

The Defendant received KRW 11 million from the damaged party to the Agricultural Cooperative Account in the name of K on the same day.

Accordingly, the defendant conspireds with G to make the victim.