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

On April 17, 2018, the Defendant made a false statement that the Defendant would transmit the mobile cultural product right to the victim E, who reported and contacted the sales of mobile cultural product in the D Game bulletin board, in the event that the Defendant posted a text of sales of mobile cultural product right on the D Game bulletin board, and then remitted KRW 2.10,000 to the victim E.

However, even if the defendant receives the payment from the victim, he did not have the intention or ability to transmit mobile cultural products rights.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2.10,000 from the victim to the bank account (F) in the name of the Defendant on the same day, and from that time, acquired the victim by transfer totaling KRW 4,50,000 from the victims three times from April 25, 2018, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, E, and H;

1. Application of Acts and subordinate statutes to each transfer statement and each dialogue data;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years; and

2. Application of the sentencing criteria [Determination of types] general fraud (less than KRW 100,00) basic area (the scope of the recommendation field and the scope of the recommendation type], six months to one year and six months.

3. Determination of sentence: In light of the fact that six months (two years of suspension of execution) of imprisonment and the defendant repeatedly committed fraud in the same year despite the fact that he/she had been punished twice or more as the same crime in the same year, the liability of the defendant for the crime is not easy, and the attitude of the defendant after the crime is not good.

However, the fact that the defendant is trying to recover damage and the damage has been substantially recovered is a favorable condition.

In addition to the above various circumstances, the above conditions are as follows.