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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as a student of the second-year course of the university, committed an illegal sports gambling, had the victim B, who was aware of in excess of his/her obligation, acquired funds from the military forces, and used them to repay gambling funds and borrowed money.

1. On April 29, 2018, the Defendant made an investment that: (a) around 23:00 on April 29, 2018, the Defendant believed to believe that the Defendant would be able to impose an amount of money on the victim in the street in front of the Seo-gu Daejeon, Seo-gu, Daejeon, and that the Defendant would be able to impose an amount of money on the victim in order to engage in the drug smuggling transaction; (b) to purchase the drug to the coo; and (c) to sell the drug to the coo; and (d) to make an investment of KRW 50 million,00,000,000,000,000 won, which would be 50 million, after two weeks.

“A false statement” was made.

However, in fact, the defendant did not think that he would receive money from the injured party for gambling and living expenses, and did not have the intention or ability to deliver profits to the injured party by selling narcotics.

On April 30, 2018, the Defendant: (a) by deceiving the victim; and (b) received transfer of KRW 56 million in total from the new bank account (C) with the Defendant’s name on two occasions around April 30, 2018 from the victim.

2. On May 1, 2018, the accused of fraud, around May 1, 2018, would immediately give 30 million won following the following day to the victim who demanded the return of funds acquired through deception at an infinite place on May 1, 2018, by telephone, at the victim who demands the return of funds acquired through deception as above.

“A false statement” was made.

However, in fact, the defendant did not think that he would receive money from the injured party for gambling and living expenses, and invested in illegal sports gambling, and there was no intention or ability to deliver the profits to the injured party on the following day.

As such, the Defendant, by deceiving the victim, was transferred from the victim on May 1, 2018 to the new bank account (E) with D’s name on two occasions, KRW 10 million in total, and KRW 10 million in the Agricultural Cooperative Account (G) with F around May 2, 2018.