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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On January 23, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of eight months, which was sentenced to imprisonment for fraud, at the District Court of Jung-gu, for fraud, and the said judgment became final and conclusive on January 31, 2018.
【Criminal Facts】
1. On November 22, 2012, the Defendant made a false statement to the victim B, “The Defendant operates a casino ticket in Madao, and if 100,000,000 won is invested in a casino, 100,000 won or more per month in comparison with the investment, 10% of the investment may be guaranteed to the party,” and on November 22, 2012, the Defendant made a false statement to the victim that “The principal may be recovered after the second week.”
However, in fact, the Defendant did not operate a casino in Mcaro, and was liable for the amount of KRW 50,000,000 at that time, and the adult amusement room operated by the Defendant in Korea had no fixed income. Therefore, even if the Defendant received an investment of KRW 100,00,000 from the victim, he did not have the intent or ability to return the principal after the two weeks.
Around November 22, 2012, the Defendant, by deceiving the victim, received a total of KRW 100,000,000 from the foreign exchange bank account (Account Number E) in the name of D (Account Number E) used by the victim C, one of his/her own land, from the victim, and caused C to acquire pecuniary benefits equivalent to the same amount.
2. Around December 14, 2012, the Defendant made a false statement that “I would return to KRW 70,000,000,000 by again selling and selling the loan after one week if I borrowed KRW 50,000.”
However, in fact, the Defendant was unable to do so, such as the statement in Paragraph 1, and thus, KRW 50,000 from the victim is 50,000.