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.

Punishment of the crime

On November 14, 2018, the Defendant was sentenced to imprisonment with prison labor for the establishment of a gambling space at the Suwon District Court, etc. on one year and two months, and on June 19, 2019, the Defendant was released from prison on October 8, 2019 in the original prison.

Around March 2016, the Defendant: (a) was introduced through B in the car page located in the Young-si, Masung-si; (b) the Defendant was unable to operate an electronic circuit manufacturer; (c) the Defendant did not have any experience in operating an electronic circuit manufacturer; (d) the Defendant was unable to make profits due to the failure to secure the source of sales; and (e) even if the Defendant borrowed money from the victim even if he/she did not have any intent or ability to pay the money properly, he/she would be entitled to receive subsidies of KRW 20-30 billion from the Government if he/she operated the company in good manner for 2-3 years from acquiring one company: Provided, That there is a lack of funds to acquire and operate the company; (d) the Defendant would pay a monthly interest on the loan of money; and (e) would have paid more than twice the principal received for two years thereafter.”

Accordingly, the Defendant received from the victim a sum of KRW 50 million, including KRW 10 million around April 1, 2016 and KRW 40 million around April 4, 2016, from the victim, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Each prosecutor's protocol of examination of the accused;

1. Each protocol of examination of the police officer against the defendant and the defendant B (including the substitute part);

1. Statement to C by the police;

1. An investigation report [including submission of suspect B Account Statement, etc. - attached past transaction details inquiry report (including submission of data, such as the register of company register of a suspect A], investigation report (including a statement, etc. attached to the submission of data, such as the register of company register of a suspect), investigation report (including a state-E commercial lease agreement, account transaction agreement - a copy of the attached commercial monthly rent contract, and a copy of passbook], investigation report [including submission of related documents