A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant and the victim C were aware that they were working together in the new manufacturing factory, and they were living together in the victim's residence from September 2007 to April 2009.

1. On May 15, 2008, the Defendant made a false statement to the victim, within the range of 111-dong 1206, Kimhae-si, Kim Jong-si, the victim’s residence, stating, “If an investment is made in a new gold-type manufacturer of E, the Defendant would pay a certain amount of profit by calculating 1 million won and 35 won per unit of the new output part, and then would pay a certain amount of profit.”

However, even if the Defendant received the above money, he thought that he did not have an intent to make an investment in an enterprise called “E” and used the said money as gambling funds.

Nevertheless, the Defendant deceiving the victim as above and received 20 million won in cash and checks in front of the post office Kim Jong-dong on the same day from the victim, and acquired 20 million won in total after receiving 20 million won around June 19, 2008 and 20 million won around July 3, 2008.

2. Around March 25, 2008, the Defendant falsely stated that “When investing KRW 70 million in a business that purchases an auction article, it is possible to obtain a large amount of profit from the sale of the auction article in the victim’s residence, the Defendant would give a large amount of profit.”

However, the defendant had no intention or ability to pay proceeds to the victim by running the business of returning the auction goods with the above money, and was thought to use the said money as gambling funds.

Nevertheless, as above, the Defendant deceiving the victim and received 45 million won from the post office in front of the post office Kim Jong-si on the same day from the victim, and received 15 million won around August 20, 2008, and acquired 70 million won in total after receiving 10 million won around October 24, 2008.

In this respect, the defendant acquired a total of KRW 130 million from the victim on two occasions in total.

(i) the evidence;