[2] On November 9, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment for occupational embezzlement at the Incheon District Court on August 17, 2016, and the judgment became final and conclusive on November 17, 2016. On April 12, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a violation of the Military Service Act from the Suwon District Court on April 2017, and the judgment became final and conclusive on April 20, 2017. On June 8, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Incheon District Court for fraud, etc. and the judgment became final and conclusive on June 16, 2017.

[2] On June 28, 2016, the Defendant posted a false statement to the effect that “The 610,000 won is remitted to the victim C who visited the victim by selling Aphone 6 Ephones on the Internet’s website at the off-site of Incheon.” The Defendant sent a false statement to the effect that “the 610,000 won is remitted.”

However, the defendant did not have a mobile phone so that he did not have any intention or ability to send a mobile phone even if he received money from the injured party.

As above, the Defendant: (a) by deceiving the victim and being transferred KRW 610,00 to the Nong Bank account (D) in the name of the Defendant on the same day from the victim; and (b) by deceiving the victims on a total of four occasions from June 10, 2016 to July 3, 2016, the Defendant received KRW 2,525,000 in total, as indicated in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, C, F, and G;

1. The details of each transfer, the details of the transaction, the confirmation of the results of the transfer, and the details of each Kakao conversation;

1. Records of the judgment: Application of inquiry letter, investigation report (Attachment to the judgment) and other relevant Acts and subordinate statutes, such as criminal history;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the recovery of damage to victims was made in full, and the judgment became final and conclusive, and the crime in this case.