A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On November 6, 2014, the Defendant, at the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu, concluded that “Around November 6, 2014, the Defendant stated that “A business is operating a casino in Libera and Jeju-do, and is currently going to a preparatory stage for the casino business, and if the Defendant borrowed money, he/she will repay the money without a mold until November 14, 2014, and if he/she fails to repay, he/she will make a payment in excess of 5% of the shares of the Jeju-do casino.”

However, in fact, the Defendant did not operate the casino in Liberass and Jeju-do, and did not hold the casino shares in Jeju-do, and there was no particular property such as making most of the property with gambling funds, and even if he received money from the victim as the proceeds of casino business, he did not think that it would have been used as gambling funds, but there was no intention or ability to pay the money borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim as a business fund on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes to a certificate of cash storage and a written confirmation;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [decision of the type of punishment] Fraud, general fraud, type 1 (less than KRW 100 million) [the scope of recommending punishment] There is no person [the scope of recommending punishment] [the decision of the sentence] from June to one year and six months (basic area] [the decision of the sentence] as follows, and circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, etc., shall be taken into consideration equally.