A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

[criminal records] On July 23, 2015, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on July 31, 2015.

[2] On September 15, 2014, the Defendant: (a) reported the Defendant’s writing that “The Defendant may make monthly profits with small-amount funds” posted on the NAV car page; and (b) made the Defendant’s communication to the victim C, who recruited investors, “The Defendant is engaged in the instant game.”

This investment would lead to a large amount of monthly income, thereby making investments.

If so, the earnings equivalent to 10% of the amount invested every month shall be refunded.

“In the event of investment from the injured party, the injured party appeared to have been able to pay the profits to the injured party.”

However, in fact, the Defendant was reporting damage by gambling sports sports games, and not only did the Defendant gain profit from the “Ned” game, but also did not have the intent to receive money from the victim to do so, and thus, there was no ability or intent to make profit from the victim.

The Defendant received KRW 22 million from the victim’s foreign exchange bank account in the name of the Defendant on October 1, 2014, KRW 10 million, KRW 20 million on October 2, 2014, and KRW 22 million on November 2, 2014.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of C or D in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against C;

1. A certificate of transfer confirmation and details of account transactions;

1. A certified document or a copy of cash investment contract;

1. Previous convictions in judgment: Application of the text of judgment and the summary information inquiry statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.