A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On April 24, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Game Industry Promotion Act by the Daegu District Court on April 24, 2014, and the execution of the sentence was completed at the Daegu Detention Center on November 1, 2014.

Criminal facts

1. Fraud;

A. On September 2015, the Defendant made a false statement to the victim B, stating, “If the Defendant lends KRW 30 million to the victim B, 10% of the principal of each month shall be interest.”

However, even if the Defendant borrowed money from the victim, he was planned to use the money as personal debt repayment and living expenses, not as corporate bonds, and there was no intention or ability to repay the principal and interest to the victim because there was no property or income.

Nevertheless, the Defendant received from the victim a remittance of KRW 30 million on September 9, 2015, KRW 200,000 on November 16, 2015, and KRW 15 million on December 8, 2015, respectively, to the deposit account in C’s name.

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

B. On January 2016, the Defendant made a false statement to the victim at a place in the address of Daegu and below, “Emph F entered the H seat in G, with the intention to sell the officetel store to B. The Defendant, upon the sale of the commercial building, was able to make a full payment at once, of the borrowed money generated more than two times from the sale of the commercial building.”

However, the defendant did not want to purchase a commercial building, and was an investment in the gambling room operated by friendly I, not the sale price of the commercial building, and was a plan to lend the money to the gambling fund of the gambling participants.

Nevertheless, on February 2, 2016, the Defendant received 39 million won from the victim to the deposit account in the above C name.

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

2. Defendant-friendly I, J, etc. of aiding and abetting the opening of gambling places shall be as of January 2016.