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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 9, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for violating the Korean Racing Association Act at the Suwon District Court on November 13, 2015, and the judgment became final and conclusive on November 13, 2015.
[Specific criminal facts] The Defendant, while going through the Internet, had approximately KRW 100 million of gambling at the same time, was unable to properly perform his or her personal debt with money borrowed from the victim C (the age of 47).
On June 1, 2011, the Defendant made a false statement to the victim at a coffee shop stating that “if money is invested, it is intended to operate a private horse and distribute profits to the victim.”
However, even if the defendant receives money from the victim, he only intended to use the money for the repayment of personal obligations that the defendant had in the private horse and did not have an intention or ability to distribute the profits by operating the private horse race track.
Around June 2, 2011, the Defendant, by deceiving the victim as above, received 70 million won from the victim to the bank account in the name of D (E) from the victim and acquired the money by defrauded.
Summary of Evidence
1. Defendant's legal statement;
1. Statement C in the suspect examination protocol of the accused by the prosecution;
1. Details of transactions in each account (the number of pages, No. 2, 38, 31);
1. Criminal records as stated in the judgment: Application of criminal records, reply reports, written judgments, and written judgments (2015Do15341) and statutes;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act), which provides money with the knowledge that