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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. On February 201, the criminal defendant by deceptioning KRW 10 million means that "When he/she loans KRW 10 million to the head of the Tong, he/she will complete payment with interest rate of KRW 2 million after two months, he/she will complete payment with interest rate of KRW 2 million." In addition, he/she received KRW 10 million from the victim after making a phone call to the victim C (35 years of age) who was suffering money while he/she was stuffed in the Soul-gu, Ulsan-gu, Ulsan-gu, Ulsan-si, Ulsan-gu, U.S., Seoul-do in a gambling place in a gambling place."

However, in fact, the Defendant had received property for several years due to gambling, and the Defendant was expected to borrow money from the victim as above to use it as the money for gambling, and there was no intention or ability to repay the money even if he borrowed the money as above.

Accordingly, the Defendant, as seen above, fraudulently 10 million won by deceiving the victim.

2. On April 28, 201, the Defendant obtained KRW 30 million from the victim at the same place as that of paragraph (1) of this Article, saying, “The Defendant shall have to pay the victim money due to the occurrence of damages, and if he/she borrowed KRW 30 million, he/she shall reduce the interest amount of KRW 5 million, and shall not be in gambling twice again,” and received KRW 30 million from the victim around the 28th day of the same month.

However, even if the Defendant borrowed money from the victim as above, the Defendant was expected to use the money for gambling, and there was no intention or ability to repay the money as above.

Accordingly, the Defendant, as seen above, fraudulently 30 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the suspect interrogation protocol of the defendant (including C’s statement)

1. Relevant Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 200,000 won in future).