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

On April 7, 2016, the Defendant was sentenced to imprisonment with prison labor for the larceny aiding and abetting by the Incheon District Court on April 7, 2016, and the said judgment became final and conclusive on April 15, 2016.

Criminal facts

On February 10, 2016, the Defendant posted a letter to the effect that, at the Defendant’s house located in the Seoul Southern-gu Incheon Metropolitan City C 605 around February 10, 2016, access to the “open Market” site, which is a mobile market, and sell mobile phones at that location. The Defendant sent KRW 290,000 to the victim D who reported and contacted the above letter, 5 mobile phones in the middle jugal jum-gu.

“A false representation was made.”

However, the defendant did not have the above mobile phone and thought that he would use it for the cost of living with the money from the injured party, so even if he received the money from the injured party, he did not have the intention or ability to sell the mobile phone.

The Defendant received KRW 290,000 from the injured party to the National Bank Account (E) in the same day, and received KRW 1,120,000 from around that time to March 1, 2016 in total five times as indicated in the list of crimes in the attached crime.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. The authenticity and written statement of D, F's statement, G's authenticity, H's statement, I's national examination request (including each accompanying document);

1. Responses to the request for financial transaction information, and national bank at the station inside the city (Seoul, the cooperation data for investigation by the Pyeongtaek Police);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (limited to concurrent crimes after Article 39 of the Criminal Act and confirmation thereof);

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. Social service order under the Criminal Act;