A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On December 2, 2008, the Defendant was sentenced to six months of imprisonment for a violation of the Game Industry Promotion Act in the Gwangju District Court's Net Branch Support Act, and completed the execution of the sentence on May 4, 2009.

[Criminal facts] The Defendant: (a) around June 2009, at the cell phone store operated by the victim C in Gwangju Dong-gu, Gwangju, the victim was recorded in the victim’s cell phone room “B previously made adult amusement rooms.”

In this month, if an investment is made in the supply of the machinery of the entertainment room, it seems that the amount of KRW 2 million from KRW 2 million to KRW 3 million can be punished in one month would have been invested by the injured party.

However, in fact, the Defendant was subject to criminal punishment due to having illegally exchanged in the entertainment room, and even if the machinery of the entertainment room that the Defendant intends to supply is used in the illegal adult entertainment room, the Defendant did not notify the victim of such fact, and there was no particular property or income for the above reason, and on the other hand, even if the Defendant received an investment from the injured party, it was impossible to reduce the profit.

Around July 17, 2009, the Defendant was transferred KRW 20 million to the national bank account in the name of the Defendant from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of each account transaction, a copy of a loan certificate, details of account transactions on consignment, etc.;

1. Previous conviction: Application of a written inquiry and a written inquiry, and the result of the confinement of prisoners;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment according to the sentencing criteria: The basic area (from June to June) of the types of fraud (less than KRW 100 million) from June to June of one year; and

2. Determination of sentence: The defendant in April shall be sentenced to a violation of the Game Industry Promotion Act;