A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant would return high interest rate and principal to the victim K that he/she became aware of through J as he/she has a large amount of personal debt and required money for gambling, if he/she invests in the illegal entertainment room operated by the defendant.

In order to acquire money by deception, it was intended to acquire money.

On February 25, 2010, the Defendant made a false statement to the victim that “The Defendant would pay 10-20% of the investment amount to the Plaintiff on a monthly interest basis and three months after the principal was paid to the Plaintiff at a unsound place below the Incheon Yeonsu-gu Incheon Island.”

However, the defendant did not operate the game room, and even if he received money from the injured party, he did not have any intent or ability to pay the money or to pay the interest.

The Defendant received from the injured party a transfer of KRW 30 million on February 25, 2010, KRW 20 million on April 9, 2010, KRW 10 million on April 19, 2010, KRW 10 million on April 19, 2010, and KRW 10 million on April 20, 2010.

Accordingly, the defendant deceivings the victim and defrauds 70 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Indicating part of the protocol of interrogation of suspect to the prosecution against J (excluding the K part of the interrogation);

1. Protocols concerning the examination of the police officers 1 and 3 times against J;

1. Details of entry and withdrawal, confirmation letter, details of transactions by account, and application of Acts and subordinate statutes (L-title account);

1. In light of the relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment with prison labor, the fact that the nature of the crime is not good in light of the background, content, and scale of damage, etc. of the crime of this case, the fact that the defendant has not been agreed with the victim, the fact that there are several records of punishment for the same kind of crime, etc., the fact that the defendant led to confession and reflects the crime, and that the victim paid KRW 14 million to the victim through J, shall be considered as favorable circumstances, respectively, and the defendant's age, sex, etc. is committed.