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Defendant
A Imprisonment with prison labor for a period of three and a half years, and for a period of one and half years, and for a period of one year and six months, and for a period of one year and one year, respectively.
Reasons
Punishment of the crime
To the extent that it does not impede the Defendants’ exercise of their right to defense, some of the facts charged were ex officio corrected.
"2016 Highest 2085"
1. On December 30, 2014, Defendant A made a false statement to the victim H stating, “A is running a horse business operated by the State, but an investment would not make the principal available, but make a profit.”
However, in fact, the defendant did not run the horse business operated by the state, and there was no intention or ability to return the investment money and the profits in a normal way even if he received the investment money from the victim, because he thought that he would use the money received from the victim as the Internet gambling fund.
Defendant
A, as such, by deceiving the victim as such, received 60,502,000 won from December 30, 2014 to January 22, 2015 under the pretext of investment in horse business from the victim.
2. On February 23, 2015, Defendant A made a false statement to the victim that “A is running a Lbababa, Kim Jong-ran business, and is able to collect money from the victim, and thus, Defendant A borrowed KRW 70,000,000.”
However, in fact, the defendant did not have any fact that he had carried out the business of importing Lbababa and Kim, and there was no intention or ability to repay the money borrowed from the victim in a normal way because he thought that he would use the money received from the victim as an Internet gambling fund.
The Defendant, as such, by deceiving the victim, received KRW 70,000,000 from the victim on a temporary basis as a loan.
"2016 Highest 2218"
1. On December 2014, Defendant A and Defendant B, together with the victim I, made a false statement to the victim I, stating, “The victim I would give more better profits than doing singing on the face of an investment in money for horse racing business.”
However, the defendants thought that they would receive money from the victim and use it as the Internet gambling fund.