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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On October 17, 2014, the Defendant was sentenced to a suspended sentence of three years in the year and June of imprisonment with prison labor for an injury, etc. at the Daejeon District Court, and the judgment was finalized on June 20, 2015.
【Criminal Facts】
On January 2014, the Defendant and Co-Defendant B wanted to operate the Internet private sports soil site, but failed to operate the site because of the lack of funds, Co-Defendant B meted the victim C who was admitted to the Daejeon Prison on April 7, 2014, and the Defendant and Co-Defendant B met with the victim who was re-existent in the Daejeon Prison on May 2014, and 100 million won was invested from the victim.
On May 2014, Co-Defendant B made a false statement to the victim of the Daejeon Correctional Institution Co-Defendant D, which was located in the Daejeon Seodong-gu Daejeon Seodong-gu, stating that “A prepared the Internet business similar to the sports soil before being detained, was entrusted with all the activities by a person who is outside of the area, and was in charge of all the activities. It is 30 million won, and the necessary fund is 50 million won, and the four accounts are invested, and there are two accounts, and there will be two accounts.” On June 13, 2014, Co-Defendant B made an investment net theory to the victim at the same place as the first patrol on June 13, 2014, “I will pay the victim a monthly dividend of 10 million won if I invested 50 million won or more.”
However, in fact, the Defendant did not have the intent or ability to pay investment money and earnings to the victim because the Defendant had not reached an amount equivalent to KRW 350 million at the time and the amount remitted by the victim was thought to be used for debt repayment and gambling. Co-defendant B did not have invested KRW 200 million at the time, and Co-Defendant B could not commence the operation of the private sports earth site from June 13, 2014, and it did not immediately have to pay the amount equivalent to KRW 10 million every month.