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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On April 3, 2015, the Defendant was sentenced to imprisonment for a violation of the Act on Promotion of the Game Industry at the Busan District Court, etc. on June 26, 2015 and the said judgment became final and conclusive on June 26, 2015.
【Criminal Facts】
1. On March 2014, the Defendant against the victim B made a false statement to the effect that, from around March 2014, “The Victim B, from the viewpoint of the mutual influence of the Defendant’s operation in Busan, the Victim B, a program to increase the probability of winning the rotototo. If the Defendant purchased this program, he/she may not incur any loss, and may pay a large amount of profit by raising the probability of winning the program. If he/she makes an investment under the pretext of the cost of purchasing the program and the cost of hosting the program, he/she will pay a profit.”
However, in fact, the defendant did not think that he would receive investment funds from the victim as personal debt repayment, living expenses, etc., but did not have the intention or ability to purchase the Roto-rating program or distribute it to the Chinese Rototo and pay the proceeds to the victim.
Around June 16, 2014, the Defendant was granted KRW 86 million in total on four occasions, such as the statement in the attached crime list, by deceiving the victim and receiving KRW 10 million from the victim.
2. On May 2014, the Defendant made a false statement to the effect that, from around May 2014, 2014, the Victim D made an investment under the name of the Defendant’s operating in Busan Jin-gu, Busan, that “The Victim D had a program to increase the probability of winning the Rotototo.” The Defendant purchased this program and made a false statement to the effect that “The Victim D will bring profits to the Defendant if it makes an investment under the name of the cost of purchasing the program and the cost of hosting.”
However, in fact, the defendant received investments from the victim and thought that they will be used as personal debt repayment, living expenses, etc.