A defendant shall be punished by imprisonment for six 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

From August 2010 to February 201, 201, the Defendant was a person who served as a chief of a non-permanent fire-fighting team located in Seo-gu Incheon Metropolitan City as a construction site in Seo-gu.

1. On November 19, 2010, the Defendant stated to the victim D that “I would pay money to the victim immediately, if I lend money, I would have the money to receive retirement pay.” On May 2, 2011, the Defendant stated to the same effect as the victim around May 2, 201.

However, the Defendant had been in a situation where he had been unable to pay approximately KRW 30 million due to gambling from around 2010 when he started to enter the Ganland casino. The Defendant thought that all borrowed money from the victim was used for gambling and living expenses. Although there was approximately KRW 3 million for retirement allowances not received from the “E” company, the financial institution was obligated to pay approximately KRW 30 million due to its personal obligation to pay approximately KRW 9 million for the above debt repayment or living expenses, and even if he was paid retirement allowances, the Defendant did not have any intention or ability to pay it even if he borrowed money from the victim.

On November 19, 2010, the Defendant, by deceiving the victim as above, received KRW 1.4 million from the new bank account (F) in the name of the Defendant on or around November 19, 201, and received KRW 500,000 from the post office account (G) in the name of the Defendant around May 2, 201.

2. Around November 30, 2010, the Defendant stated to the same effect as the victim around December 13, 2010, the Defendant stated to the effect that the victim H “h is urgently required to pay money, if he/she borrowed money.”

However, from the point of time in 2010, the Defendant was in a situation in which he was unable to pay approximately KRW 30 million for gambling, and all borrowed money from the victim was considered to be used as gambling funds and cost of living. The amount of retirement allowances that the Defendant did not receive from the “E” company is approximately KRW 3 million.