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

On December 2, 2014, the Defendant had been doing sports discussions in China to the victim B at a coffee shop where it is impossible to know the trade name in the Don-dong, Namyang-si, Namyang-si.

Since internal and existing sites have been operated, 100 members are maintained.

The term "to divide money into half and half of the profits with large profits" was discussed.

However, in fact, the Defendant suspended the operation of the above site due to the aggravation of the business operation of the sports lottery ticket issuing site operated at the time, and the Defendant was thought to use the money received from the damaged party for the Defendant’s personal debt repayment, and even if receiving the investment money from the damaged party, there was no intention or ability to distribute the profits by operating the sports lottery ticket issuing site.

On January 29, 2015, the Defendant received KRW 29 million from the injured party under the pretext of investment in the sports lottery lottery ticket issuing site.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a transaction statement and a deposit statement;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal record of a punishment or heavier punishment, and that there is an agreement with the victim);