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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
1. The Defendant, from July 2016 to March 30, 2017, was a person who worked as an employee of the “D” restaurant of the “D” restaurant operated in Gwangju-si B, and was willing to obtain money from E, F, G, and H, an employee of the “sports soil” in order to create the so-called “sports soil” gambling fund.
A. Around July 31, 2016, the Defendant used a false statement to the effect that “Around July 31, 2016, the Defendant borrowed KRW 300,000 to the victim C for living expenses.”
However, in fact, the Defendant planned to use the money received from the injured party for the so-called “sports climate” gambling, and there was no property owned by approximately KRW 20,000,000 at the time. Therefore, even if the said money was paid from the injured party, there was no intention or ability to repay the said money.
Nevertheless, the Defendant: (a) by deceiving the Victim C as above, received KRW 300,00 from the Victim C in the name of the Defendant Saemaul Savings Depository (Account Number: I) under the name of the Defendant; and (b) from that time until March 30, 2017, received a total of KRW 11,862,00 from the victims over 22 times in total, as described in the separate crime list, from March 30, 2017.
B. At around February 20, 2017, the Defendant would receive KRW 100,000 from the victim E, victim G, and victim F who is an employee at the above “D” restaurant, and receive KRW 200,000,000 from the recipient, internal house price, and KRW 5,000 according to the order of each month, according to the table in which he/she will subscribe to the term “1,00,000 per unit”.
“A false representation was made.”
However, the Defendant planned to use the money received from the victims for the so-called “sports soil” for the daily life cost that could not be prepared due to gambling, and there was no property for which the Defendant had a debt of KRW 20,000,000 at the time, and there was no property for which the Defendant had a debt of KRW 20,000,00. The Defendant did not pay the money borrowed from C as stated in paragraph 1.