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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.
Reasons
Punishment of the crime
around September 22, 2014, the defendant of "2015 Highest 6040" is raising money to the victim C by receiving a successful bid for real estate at a low price.
In order to receive one award once a week, the principal and the profits will be returned on April 2015, if the investment is sent every day of each week.
“A false representation was made.”
However, in fact, the Defendant was unable to receive a successful bid in a situation where there was no particular income, and the amount received from the injured was intended to be used for other purposes, such as all living expenses and expenses, so even if he received money from the injured party as a deposit for investment, he did not have the intent or ability to return the principal
As such, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Saemaul Treasury account in the name of the Defendant on September 22, 2014, under the pretext of the investment deposit, from the victim, and received a total of KRW 36.1 million from that time until February 2, 2015, including the transfer of KRW 5 million from February 2, 2015 to February 18, 2015.
From March 5, 2015 to April 24, 2015, the Defendant habitually connects the Internet gambling site (K) opened through a server operated by the F, G, H, I, I, and J at the Gyeonggi-si office located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul”), from March 5, 2015 to April 24, 2015, with the number of KRW 101 and KRW 2702 of the D apartment at the Gyeonggi-si, Gyeonggi-gu, and the number of KRW 200 to the Internet gambling site (K) by using a computer, and then 30 days to the Internet phone image of the gambling site located below the Philippines, and 5 days to the Defendant’s account opened on behalf of the Defendant using the Internet phone, etc., the sum of KRW 10 and KRW 250 to the Defendant’s account deposited at 00 to the Bank or f.m. 25 days to the Defendant’s account opened on the 25th page.