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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is between C and C, and on April 2009, the Defendant and C recommended the Victim D to “D to develop the Internet gambling game and make an investment in the business.” However, the Defendant attempted to borrow money from the victim as the victim refused to make an investment.
1. On April 2009, the Defendant and C told the victim at the convenience store near Seojin-gu, Seoul Special Self-Governing to the Seocho-gu, Seoul Special Metropolitan City, that “There is insufficient money to develop and operate the Internet gambling game. If the money is not immediately paid, the money already paid will be lost, thereby lending money to the victim.” If so, the Defendant and C would pay money within two months.
However, even if the defendant and C have borrowed money from the victim, they did not intend to use it in connection with the development of the Internet game. At the time, the defendant is a bad credit holder, and C did not have any intent or ability to pay money to the victim with the debt of approximately KRW 50 million.
As a result, the Defendant conspired with C, by deceiving the victim, received KRW 15 million from the victim on April 24, 2009.
2. Around May 11, 2009, C made a false statement that “The development of the Internet gambling game was almost all,” and the money would be repaid if it is borrowed from money.”
However, the defendant and C did not have the intent or ability to pay the money to the victim as above.
Ultimately, in collusion with C, the Defendant received 3,40,000 won from the victim’s account in the name of F on the same day by deceiving the victim.
3. C around May 25, 2009, at the above convenience store, “The development of the Internet gambling game was almost every day. However, if the money is short of money, the money will be repaid within one week.”