A defendant shall be punished by imprisonment for six 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

On November 15, 2016, the Defendant made a false statement to the victim B, stating that “I would send money to the victim B by way of a Kakakao Kakao Stockholm message with “I will send money to the Defendant. I will send the things.”

However, in fact, the Defendant did not actually possess the above Badton’s supplies, and the Defendant could not purchase the Badton’s supplies at a lower price applied to the players any more due to the termination of the contract for the Badton’s player. In addition, the Defendant was not willing or ability to send the Badton’s supplies even if he received money from the injured party, because it was planned to use them as living expenses or illegal Internet gambling funds.

Defendant deceiving the victim as above and received KRW 850,000 from the victim’s national bank account under the name of the Defendant on November 15, 2016 from the victim, and thereafter received KRW 1,034,00 from the victim on a total of 21 occasions from November 21, 2016, as indicated in the list of crimes by the same method, from November 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Details of financial transactions;

1. Application of the Kakao Stockholm legislation

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

1. Selection of each sentence of imprisonment with prison labor (to take account of the fact that the victim's money has been stolen by falsehood and the damage has not been restored, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 200,000 won in total, 8 million won in total, and no previous conviction);

1. The community service order under Article 62-2 of the Criminal Act;