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

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for one year and two years of probation at the Changwon District Court on January 8, 2020, and the above judgment was finalized on the 23th of the same month.

【Criminal Facts】

On February 10, 2019, the Defendant did not have the intention or ability to sell cleaning machine even if he/she was transferred the cleaning machine price from the victim D (the age of 26).

The Defendant connected to the Internet E with the “F” account, and made a false statement to the effect that he sells the cleaning machine to the victim who visited the Internet E after preparing a letter, and then sold the cleaning machine to the victim. The Defendant received KRW 400,000 from the victim to the Kakao Bank Account (H) in the name of G, but received the money from the victim to transfer the cleaning machine to the Kakao Bank Account (H).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Certificates of deposit transactions;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - The reasons for sentencing under Article 62(1) of the Sentencing (the latter concurrent crimes of Article 37 of the Criminal Act) shall be determined as ordered by taking into account all the various circumstances, including the following circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The defendant committed a crime of the same kind, even though he/she had a record of being sentenced to two times of suspension of indictment and four times of fines, repeated a short period of time without the charge of the crime, and the defendant has consumed the acquired amount by entertainment expenses, etc., and there is no intention to repay the damage even after the commission of the crime. The favorable circumstances such as the fact that the defendant's serious reflectability is necessary: