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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. Around December 16, 2017, the Defendant made a call to the victim B of his/her pro-Japanese offering and made a false statement to the effect that “I would ensure the principal if I would have been lent money in order to make a good investment, and there would be 1.5 billion won, and that I would like to pay interest at a high rate by making an additional investment. I would like to make a false statement to the effect that I would like to guarantee the principal if I would have borrowed money in return for intending to make a short-term investment, and that I would like to pay 10 percent per month.”
However, the Defendant thought that most of the borrowed money was used for personal consumption, such as gambling, and there was no plan to confirm profits and losses and to take measures, such as guaranteeing the principal of the borrowed money, when losses were incurred in the investment of virtual currency in which part of the borrowed money was used. Since the Defendant possessed virtual currency in short of the amount notified to the victim, there was no intention or ability to repay the borrowed money even if it was borrowed from the victim.
Nevertheless, the Defendant deceiving the victim as above and received KRW 7 million from the victim as the loan money on the same day, and from that time until May 5, 2018, he received KRW 730,1100,000 from that time, by deceiving seven victims over a total of 70 times, such as the list of crimes (1) as shown in the attached Table of Crimes (1).
Accordingly, the defendant was provided property by deceiving the victims.
2. No person who violates the National Sports Promotion Act shall gambling, using property or property benefits to persons who win at the betting ballots or similar things issued by a person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, and win at the betting.
On October 1, 2017, the Defendant is located in his/her residence in the military, military, and military apartment D.