A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[Criminal Justice] On June 21, 2018, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Suwon District Court on July 2, 2018, and the said judgment became final and conclusive on July 2, 2018, and on September 6, 2018, the Suwon District Court sentenced two years of suspended execution to one year of imprisonment for the establishment of gambling spaces, etc., and became final and conclusive on October 10, 2018.

【Criminal Facts】

From October 14, 2016, the Defendant, who served as noncommissioned Officer B, etc., from October 14, 2016, introduced investors to serve in the military unit as a intermediary and operated an illegal Internet soil site. The Defendant promised to guarantee the principal with high profits and received money as investment money.

On January 30, 2017, the Defendant made a false statement to the effect that “A victim D who became aware of the fact that he/she was a successor to a military unit C shall pay 10% of the monthly investment amount to B as profits, and the principal shall be returned until December 30, 2017.”

However, even if the defendant receives money in the name of the investment fund, he/she was thought to use it as entertainment expenses, living expenses, personal debt repayment, etc., or with respect to the Internet soil site operated by the defendant at the time. The Internet soil site has no intention or ability to return the principal by the agreed deadline because of the high risk of failure due to illegalness, speculation, etc.

Around February 24, 2017, the Defendant, by deceiving the victim as above, obtained 20 million won from the victim to the corporate bank account (E) in the name of the Defendant and acquired it by deception.

Summary of Evidence

1. A defendant's written statement of the police with regard to D's legal statement, certificate of partial police statement, certificate of borrowing investment funds, details of transfer of accounts, details of transaction in A's account, and previous records of an investigation report: The application of statutes by inquiry, such as each written judgment and criminal record;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. To treat concurrent crimes;