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

Punishment of the crime

[criminal power] On September 13, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution as a crime of violating the National Sports Promotion Act (Gambling, etc.) in Gyeyang Branch of Suwon District Court on September 13, 2018. The judgment became final and conclusive on September 21, 2018.

【Criminal Facts】

1. On May 28, 2018, the defrauded: (a) around 23:00 on May 28, 2018, the Defendant sent a notice to the effect that “I would sell cultural merchandise tickets” prepared by the victim E by accessing the Internet D Caf page in the Manan-gu, Mayang-si, Mayang-si; and (b) called, “I will give KRW 100,000 if I would first send the right of Mab

However, in fact, the defendant committed only 10 million won with personal debt at the time, and there was no money to be paid to the victim due to the lack of living expenses. Therefore, even if the defendant received the right from the victim, there was no intention or ability to pay the above money.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) obtained from the victim the mobile product payment code of KRW 100,000 via mobile phone from the victim’s seat; and (c) from August 19, 2018, acquired property worth KRW 893,204 in total from the victims 11 times, such as the list of crimes in the attached Table from August 19, 2018.

2. From June 2018, the Defendant, as an employee of the Victim G located in Ansan-gu, who works for the victim G located in Ansan-gu from around June 2018, was paid accommodation expenses from customers and kept them in custody, and engaged in the management of the telecom.

At around 05:30 on August 18, 2018, the Defendant used cash of KRW 180,000, including five 10,000 won, five 5,5,000 won, 1,000 won, and 1,000 won, which had been located in his/her treasury for the victim in the course of performing his/her duties, and embezzled it at his/her own discretion at the National Assembly of Ansan-si around that time by using it as living expenses, illegal gambling funds, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police of E.