A defendant shall be punished by imprisonment for six months.

However, 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

【Criminal Records of Crimes】 On April 7, 2016, the Defendant was sentenced to a suspended sentence of two years in August due to a violation of the Act on the Promotion of Game Industry at the Daegu District Court Seo-gu District Court Branch, and is currently under a trial at the appellate trial of the said judgment.

【Criminal fact-finding on April 2015, the Defendant may operate a game room by making a phone call to the victim E at the residence of the Defendant located in Seo-gu, Daegu-gu, and making an investment of KRW 10 million each, in the case of a game room.

The principal shall be returned later, and 20% of the profit shall be paid.

The purport of “the remittance of the money invested in a game room” was to the effect that “the remittance was made.”

On May 4, 2015, the Defendant first opened the “G Gameland,” which was to operate as a partnership business with the victim, but was subject to police control by illegal money exchange, and even if the game machine was seized, the Defendant was unable to operate the game room with the victim and the victim, and became unable to receive the investment money from the victim, the Defendant became incapable of having the intent or ability to receive the profit by operating the game room.

Despite the fact that the Defendant was unable to operate the game room above, as seen above, by deceiving the victim as if the victim was unable to notify of such fact and was able to operate the game room normally, and by deceiving the victim as if he was able to operate the game room, the Defendant received KRW 5 million on May 6, 2015; KRW 4.5 million on May 7, 2015; and KRW 1.5 million on May 15, 2015 from the Defendant’s corporate bank account (H) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing the statement of gold transactions;

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. Article 62(1) of the Criminal Act provides that the victim shall not be punished against the defendant by agreement with the victim, while the victim shall not be punished.