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

except that 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 July 20, 201, the Defendant stated that “A victim C’s house located in Ulsan-gu, Ulsan-gu, U.S., would engage in money funeral in the gambling. If the Defendant borrowed money, 10% (10%) interest would be paid with the money in the gambling market, and 10% (10%) would be paid with the principal after two months. Accordingly, the Defendant borrowed 10 million won as principal and interest. If so, 2 million won will be paid after two months.”

However, in fact, the Defendant borrowed money from the victim and operated it in the manner of receiving interest by lending money from the victim to the persons gambling in the gambling place, but there was no other property and there was no certain income, and in particular, it is possible to receive high interest when lending money from the gambling place, but there is a high possibility that the principal may not be recovered, so even if borrowing money from the victim, there was no intention or ability to repay it.

The Defendant received KRW 10,00,000 from the victim on the same day and received KRW 27,90,000 from July 27, 2012 as indicated in the annexed crime list from around that time to around July 27, 2012, for the following reasons: (a) the Defendant, although having no intent or ability to repay, was required for gambling funds or used for living expenses, was made up of KRW 27,90,00 for seven times.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the C’s statement);

1. Application of Acts and subordinate statutes to pawned slips and borrowed money certificates;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. The crime of this case is committed even against the victim in light of the fact that the victim under Article 62(1) of the Criminal Act was aware of the fact that the victim was operated for an illegal purpose.