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

Punishment of the crime

[Criminal history] On July 13, 2018, the Defendant was sentenced to a suspended sentence of two years on July 21, 2018 by the Chuncheon District Court for a violation of the Game Industry Promotion Act, and the judgment became final and conclusive on July 21, 2018.

[2] Defendant 1 first becomes aware of the victim D, who was a member of the shop around November 2017, as a person operating the shop in the 'C' Maba in the Haju-si B, and as a member of the shop around November 2017.

On December 2017, 2017, the Defendant “I need to pay any money to the Defendant, I wish not to improve the Defendant’s right to borrow any money from the Defendant, and give any interest on the subject.”

A false statement was made that it is possible to fully repay monthly sales to the extent of KRW 40,000,000,000 for a marina shop operated by the internal government, and that if an investment is made in the marina shop, it shall settle the profits on the 19th day of each month.

However, in fact, the Defendant was in a situation where he did not yield profits from the union operation at the time, and the credit rating of 9 billion won was delayed due to frequent loan repayment for a lending company, and there was only a debt of 300 million won, but did not have any specific property, and thus, even if he received money from the injured party, he did not intend to repay the existing debt or use it as a cost of living, and did not have any intent or ability to repay the profit or principal to the injured party.

Nevertheless, on December 15, 2017, the Defendant: (a) by deceiving the victim as above; (b) received transfer of KRW 9 million from the post office account in the name of the Defendant to the post office account from the victim; and (c) received the total amount of KRW 29,100,000 from the victim eight times from February 20, 2018, such as the list of crimes in attached Table from February 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the sequence 3, 11, 13, 19 of the evidence list);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of latter concurrent crimes) statute;

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 1.