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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 5, 2018, the Defendant is required to make an investment in the clothing business with the Kakao Stockholm message, etc. to the victim B at a place not exceeding Busan, around Busan, the Defendant made an investment in the clothing business with the friendly Gu, and the friendly Gu is required to make an investment.

It made a false statement to the effect that an investment would have made a transfer of money to the account of a clothing company invested in as a result of a large amount of profit.

However, in fact, the defendant thought that he would receive money from the injured party to use it as gambling fund, and did not have the intention or ability to deliver the proceeds to the injured party by investing in the clothes business.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the account (Account Number: C) in the name of a limited company affiliated with the company’s DNA gambling site account on the same day as the investment money from the victim, and received KRW 26 million in total eight times from June 4, 2018 to June 15, 2018, as shown in the list of crimes in the attached Table, from June 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of deposit transactions and a photograph of a Kakao Stockholm conversation course-fix;

1. Application of Acts and subordinate statutes to report on investigation (Submission of official photographs stating investment funds);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Order (cites as to KRW 20,50,000,00,000, which is the balance received by the injured party in cash) that the Defendant committed a crime repeatedly in order to use it for gambling, the nature of the crime is bad, and the entire damage was not recovered.

However, considering the fact that the injured party has agreed to receive certain amount of damage, the fact that the accused has been guilty of a fine, the conditions of sentencing, such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered.