A defendant shall be punished by imprisonment for not more than ten 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

The Defendant was sentenced to a suspended sentence of four months of imprisonment for a crime of opening and aiding and abetting gambling places at the Daegu District Court on October 5, 2018, and was sentenced to a suspended sentence of two years on October 13, 2018, which became final and conclusive on October 13, 2018.

【Criminal Facts】

On August 29, 2017, the Defendant stated that “The Defendant would pay money by operating a restaurant if he/she borrowed KRW 30 million.” The Defendant said that “The Defendant would pay money to the victim D, who was operated by the Defendant in the Cheong-do Cheong-do Cheong-do Cheong-do Cheong-do Cheong-do.”

However, in fact, the defendant thought that he would use the money borrowed from the victim as a gambling fund, and there was no idea to operate a restaurant, and there was no ability or intent to repay the money even if he borrowed money from the victim because he did not pay the money to others at the time.

As such, the Defendant, by deceiving the victim as such, received KRW 10 million on the same day under the pretext of borrowing from the victim, and by deceiving the victim in the same manner, received KRW 10 million from the victim on October 31, 2017, and received KRW 10 million around December 18, 2017.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 30 million from the victim three times in total.

The Defendant was sentenced to a suspended sentence of two months on October 5, 2018 for a crime of opening or aiding and abetting gambling places by the Daegu District Court on April 5, 2018, and was sentenced to a suspended sentence of two years on October 13, 2018. The judgment becomes final and conclusive on October 13, 2018, and is currently under suspended sentence.

【Criminal Facts】

On June 17, 2018, the Defendant stated that “The victim E, who is an employee, shall be immediately able to use money, shall be repaid once he/she lends money.”

However, in fact, the defendant thought that he would use the money borrowed from the victim as money for gambling, and the defendant did not pay the money to others at the time.