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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. 피고인은 2011. 9. 중순경 피해자 C에게 전화로 “서울 D 호텔에 취직시켜 주겠다. D호텔의 인사담당자가 선배인데, 그 후임자가 듀퐁라이터를 좋아하니, 라이터 구입비용을 입금하면 일이 더 수월해질 것이다.”라고 거짓말을 하였다.

However, the defendant did not know of the person in charge of the D hotel's personnel, even if he received money from the victim under the pretext of employment solicitation, he had been able to use the defendant's other debt repayment, at the time 70 million won or more, and did not have any ability to return the money because there was no particular income.

The Defendant received 400,000 won on October 4, 201, and 450,000 won on November 1, 201 from the victim as a deposit for employment, from the account of community credit cooperatives under the name of the Defendant.

2. The Defendant made a false statement to the Defendant on December 2, 2011, stating that “Any business that operates a private horse in a foreign country is at least 400%, and the return on profit is at least 400%. On the commencement of a horse, the dividend will be settled in a lump sum after six months.”

However, in fact, the defendant did not participate in or did not receive money under the pretext of the horse racing business, and even if he received money under the pretext of the horse investment, he had been able to use it for the repayment of other obligations by the defendant. At the time, there was a debt exceeding 70 million won, and there was no particular income, so there was no ability to return money.

The Defendant received from the victim the money of KRW 10 million on December 1, 2012 from the victim to the account of community credit cooperatives under the name of the Defendant.

3. On January 2012, the Defendant made a false statement to the F hotel located in Jeju-do, Jeju-do, that “The Defendant made an investment in the Makao Internet casino site, making an investment in the amount of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000 won per month after every three months.”

However, the defendant is on the internet casino site.