A defendant shall be punished by imprisonment for four months.

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

[criminal power] On June 20, 2018, the Defendant was sentenced to a suspended sentence of two years and a fine of seven million won on June 28, 2018 in the Daegu District Court Kimcheon-do, for the crime of violating the National Sports Promotion Act (Gambling, etc.), and the said judgment became final and conclusive on June 28, 2018. On August 27, 2019, the Defendant was sentenced to four months of imprisonment with prison labor for embezzlement to the Seoul Central District Court and the said judgment became final and conclusive on January 23, 2020.

【Criminal Facts】

On April 2017, the Defendant offered that the Defendant would pay 10% interest each month by operating the said website if he/she met the victim C or lends money to the victim by displaying his/her Internet gambling site in the mutual infinite Doldong-gu, Gyeongdong-gu.

However, in fact, the website operated by the defendant was less than the number of members and was operated properly, and the defendant was also obligated to pay a large amount of debt to the lending company without any special property, so the defendant did not have an intention or ability to pay interest as agreed even if he received money from the victim.

Around May 16, 2017, the Defendant, by deceiving the victim as above, received 35 million won from the victim to the Nonghyup Bank account in the name of the Defendant’s living together with the Defendant, and received 48.1 million won in total from July 28, 2017 through the following three times from the victim until July 28, 2017.

On May 16, 2017, details of the crime of remittance account from the date of the crime No. 500,000 of the crime No. 45,000 of the crime committed by the Franchiscing Account, if the Franchiscing Internet gambling site operation funds are lent, the interest of 10% per month shall be paid every 10%. The summary of the evidence of deception, 48,100,000 of the defendant's account under the name of the Franchiscing Bank shall be paid every day if the money is lent to the Franchiscing Bank account under the name of D on July 15, 2017.

1. Defendant's legal statement;

1. The defendant;