On November 23, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months for fraud, etc. at a military common military court of the first common military branch on November 23, 2016 and the said judgment became final and conclusive on December 1, 2016

On May 22, 2016, the Defendant sought “JG G5” posted on the Internet site “D” bulletin board by the victim AG, without having any intent or ability to sell it, while the Defendant did not possess a heavy and high-speed smartphone (LGG G5).

The phrase “LG G5 and smartphones are transferred money to KRW 600,000,00” with the victim’s contact, and it received KRW 600,000 from the injured party to the AH bank account (AI) in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. AG's statement;

1. Written confirmation of the results of transfer and the AJ letter;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A) and text of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 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 latter part of Article 39(1) of the Exempted Criminal Act [the crime of fraud for which judgment has become final and conclusive, as indicated in its reasoning, was committed by the Defendant against 14 victims (total damages amounting to 4,634,500 won) from November 2015 to August 2016. The instant case is one of the repeated and repeated crimes committed against goods fraud during the said period, and the timing and method of crime are the same.

Not only paid the amount of damage to all the 14 victims, but also agreed to compensate the victims of this case for the damage and smoothly.

The Defendant recognized the instant crime and is in profoundly against his mistake.

On this premise, the Defendant will be exempted from punishment in consideration of the equity in cases where the instant case and the judgment become final and conclusive at the same time, etc.