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

Punishment of the crime

[Criminal record] On June 13, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Daejeon District Court Branch of the Daejeon District Court on June 21, 2019 and the said judgment became final and conclusive on June 21, 2019.

[Criminal facts] The Defendant, at a coffee shop located on a holiday B rest area (or shop) around December 2018, is only a personnel expenses for the victim C by installing an original black box.

However, if companies are individually purchasing and installing a black box, about 20% of the investment money can be raised as profits, and there is a 30-40 representative black box.

A half-yearly investment made a false statement to the effect that he/she purchased a black box and divided profits.

However, even if the defendant receives the investment from the injured party, he was trying to use the investment money for the Internet gambling fund from the beginning, and did not have the intention or ability to use the investment money to purchase and set up the black box.

Nevertheless, the Defendant, as above, received KRW 12,772,00, the sum of KRW 6,852,000, around December 24, 2018, around December 24, 2018, from a person who deceivings the victim, and received the remittance from the victim, to a post office account (E) in the name of Defendant D, who is a person who is in charge of the damage.

Summary of Evidence

1. A protocol concerning suspect examination of the police concerning D's legal statement of the defendant;

1. Statement made by the police against C;

1. Details of transaction by account, details of transaction by post office account in the name of D, investigation report (verification of the details of use of damaged money - deposit on illegal gambling sites), judgment;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), text of judgment, and summary order-making statute;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing Article 39(1) is that the Defendant received investment money from the injured party from the investigative agency and actually purchased and installed a black box, but did not receive the money.