1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 16, 2013, at a mobile phone agency of “E” operated by the Defendant located in Suwon-gu Busan, Busan, the Defendant is entitled to receive money from the victim C with a large amount of money from sports soil games if he/she receives money from B.

A false statement was made to the effect that the principal will return the proceeds by August 15, 2013, regardless of whether the principal will return the proceeds at the request of only one month.

However, at the time, the defendant did not have any way to make profits through the sports competition game and did not think that he would receive money from the injured party to use it as personal living expenses, etc., and did not have any intention or ability to return the principal to the injured party after one month.

The defendant deceivings the victim as above and was issued three copies of the right to KRW 10 million in front of the issuance of the Busan Bank on the same day by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the statement protocol to C

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. 집행유예 형법 제 62조 제 1 항( 피해자에게 400만 원을 변제한 점, 피고인에게 동종 전과가 없는 점, 피해자가 스포츠 토토로 큰 수익을 낼 수 있다는 피고인의 꾐에 빠져 돈을 건넨 것으로, 피해자에게도 범행 발생에 일부 책임이 있는 점, 피고인이 자신의 잘못을 인정하고 있는 점 등 참작)

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 25 (1), 31 (1), 31 (2), and 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;