A defendant shall be punished by imprisonment for one year.

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

C, i.e., lottery tickets that the Korea Lottery Commission designates B as an entrusted business entity, is the lottery ticket that pays the amount specified in the number side of B as the winning amount if the number of B's number corresponds to that of B's number.

In other words, the Defendant committed the following crimes with the intention to defraud 500 million won, which is the highest prize money, by arbitrarily raising the part of the winning numbers of tin lottery tickets.

1. Around September 21, 2017, the Defendant changed securities: (a) around 12:30 on September 21, 2017, at his own house located in Seocho-gu Seoul Metropolitan Government, the Defendant made the Defendant’s change of securities coincideed with the number 6 of the 37th lottery ticket (the 6th number of serial numbers E and b, which is KRW 500 million) in a different C, namely, the 6th number of lottery tickets.

Accordingly, for the purpose of exercising the right, the Defendant changed the C, i.e., a security deposit.

2. Around September 21, 2017, the Defendant visited the office of the Yeongdeungpo-gu Seoul Metropolitan Government F and the office of the headquarters 15th floor B from September 21, 2017, and exercised the right to reimbursement as above to G employees in charge as if the Defendant were genuine lottery.

3. On September 21, 2017, at the B office around 16:30 on September 21, 2017, the Defendant attempted to defraud G, an employee of the victim B, a lottery ticket of KRW 500 million with lottery winning the winning of KRW 500 million. However, the Defendant failed to commit an attempted crime due to the discovery of the fact that the winning figure was fabricated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the H police;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions of the Criminal Act concerning criminal facts, Article 214(1) of the Criminal Act concerning the selection of punishment (the alteration of securities by oil), Articles 217, 214(1) (the exercise of securities by oil) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act (the attempted use of fraud and the choice of imprisonment);

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

1. Article 62(1) of the Criminal Act (Confession, attempted confession, and crime record)