The defendant shall be exempted from punishment.

Punishment of the crime

[criminal records] On April 30, 2013, the Defendant was sentenced to one year of suspension of the execution of imprisonment for a period of six months at the Seoul Central District Court for fraud, and the judgment was finalized on May 8, 2013. On June 2, 2016, the judgment was finalized on June 10, 2016 after having been sentenced to one year and six months of imprisonment for fraud at the Gwangju District Court.

[2] The Defendant, as a person of bad credit standing, did not have certain income and only performed an obligation without any particular property, received a set of accounts from a large number of successful bidders and consumed them in the repayment of the obligation, etc., and even if the Defendant received a set of accounts from other members, he did not have an intent or ability to operate a normal system and pay an ex post facto guidance.

1. On March 17, 2008, the Defendant made a false statement to the victim C at Gwanak-gu in Seoul Special Metropolitan City and the victim D, stating that “The Defendant will operate a successful bid system, but will pay the fraternity without the molding date,” and he was given a total of KRW 8,989,000 from March 17, 2008 to May 5, 2008 to eight times.

2. On March 21, 2008, the Defendant: (a) made a false statement to the same effect to the victim D; and (b) made the victim join the 10 million won successful bid account; and (c) received the cash of KRW 2,815,00 from March 21, 2008 to April 17, 2008 from the victim’s damage.

Accordingly, the Defendant was given a total of KRW 11,804,00 by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A president and a vice president of the D;

1. Previous convictions: Inquiry about criminal history, inquiry about summary information of cases, and application of statutes of the original judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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 Exemption of Punishment Act (which acknowledges and reflects his or her mistake, and is agreed with the victim).