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

[Criminal record] On June 15, 2018, the Defendant was sentenced to a one-year suspended sentence of imprisonment for fraud, etc. at the Seoul Southern District Court, and the said judgment became final and conclusive on June 23, 2018.

[2] On January 20, 2018, at the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government, B and 102 Dong 407, the Defendant: (a) connected the Internet site to a country (cafe.naver.com/Joint and several) and posted a notice that the victim C purchases one “L7S-16H Nowon-gu, L7S-16H Nowon-gu,” and (b) contacted the victim, and “I will deposit the amount of KRW 1,100,000 for Nowon-gu’s North Korea into its own account and deliver it.”

However, the defendant did not have the above Nowon-do, and he thought that he would use the money that he received from the injured party for his personal purpose, so he did not have the intention or ability to deliver the above Nowon-do to the injured party.

Around January 20, 2018, the Defendant acquired a total of KRW 4,800,000 from the victims on three occasions, such as the receipt of KRW 1,10,000 from the national bank account (D) under the name of the Defendant, from the victim, to the account transfer of KRW 1,10,000 from the national bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each authenticity, statement, and statement of E, C, and F; 1. A statement of account, verification, and a statement of service use, and a statement of personal financial transactions;

1. Report on internal investigation (attaching evidence submitted by victim E), details of conversations;

1. Previous conviction: The application of an inquiry letter, such as criminal history, and a report on the result of confirmation of the previous conviction;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order (the selection of punishment, suspension of execution, etc.) and the details of the fraudulent crime, the degree of damage resulting therefrom, the circumstances after the crime, and the defendant.