Defendants shall be punished by imprisonment for eight months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. On May 2016, the Defendants came to gather money from a large number of people under the pretext of receiving money as a game company’s investment, etc., Defendant A, in the Gangnam-gu Seoul Metropolitan Government building C building D, said, “B invests 50 million won in the game company, etc., 7 million won per day, making an investment of 50 million won in the game company, etc.” The Defendants said to the effect that “I will guarantee the principal amount of investment and pay 150% of the amount of investment as profits, since I would make an investment of 5 million won per day.”

However, in fact, the Defendants did not invest in the game company and did not make profits at a high rate. Defendant B purchased strings (PC) in which a program that manipulates the reception of an illegal gambling game site on the Internet around February 2016, and received investments from unspecified investors and stuffed on the said game site. However, around March 2016, the Defendants had been well aware of the aforementioned situation from Defendant B around May 2016, and eventually, Defendant A had no intent to pay the agreed principal and interest rate so long as the investors continued to pay the principal and interest, etc. to the existing higher-class investors by using the investment funds attracting from subordinated investors, even if they received investments from the victim, there was no intent or ability to pay the agreed principal and interest rate as agreed upon.

Nevertheless, the Defendants conspired to induce the victim as above and deceiving the victim to do so on May 17, 2016, and received 4.5 million won from the victim to the post office deposit account in the name of the Defendant A, from that time, from that time on August 1, 201.