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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to a suspended sentence of one year of imprisonment with labor for fraud, etc. at a general military court of the 11. 6. 29. 6. 201, and the above judgment became final and conclusive on July 7, 2016, and is currently in the grace period.
[Criminal facts]
1. In order to raise funds for gambling at a private sports soil site, the accused was willing to obtain money from many and unspecified persons on the Internet by iceizing the sale of used goods, such as mobile phones, with the intent of raising funds.
Accordingly, on December 25, 2016, at the Defendant’s house located in Dongducheon-si, 502 Do 1510, the Defendant connected the Defendant’s mobile phone to the NAV car page “China-si” using the Defendant’s mobile phone, and confirmed that the victim E posted a notice to purchase the 6th mobile phone from the victim, and contacted the victim, and “I would deliver the 190,000 won to the 6th cell phone from the transfer of the 190,000 won.”
However, in fact, the defendant did not have a mobile phone to sell, and the defendant thought that he received money from the injured party to use it as a gambling fund, so there was no intention or ability to deliver the mobile phone to the injured party.
Nevertheless, the Defendant had received 190,000 won from the injured party’s national bank account on the same day.
In addition, the Defendant received a total of KRW 4,590,000 from the victims over 18 times, as shown in the attached Table 1 as in the following manner, from April 18, 2017.
2. A person, other than the Seoul Olympic Sports Promotion Foundation and an entrusted business entity, shall not gambling by taking advantage of an act of offering property or property benefits to a person who has correctly predicted the result of sports promotion by issuing voting rights or things similar thereto;
The defendant around July 7, 2016 is the defendant's person in the above dwelling area of the defendant.