1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. On June 28, 2017, the Defendant was indicted on the following facts constituting the crime of fraud (hereinafter “instant criminal act”).

(B) On August 13, 2015, the Defendant: (a) around 17:00 on August 13, 2015, at the “D office,” operated by the Defendant in Gwangju Dong-gu, the Defendant stated, “A” to the victim “A needs restoration cost. Restoration cost will be restored to the prime server, and the president will be registered as a collaborative company, so that A would be able to carry out global mail order.”

However, even if the defendant received money from the victim, he did not think that he would use the money for computer restoration costs, and the "D" is actually operated, and there was no ability to carry out mail order for the victim.

Nevertheless, on August 13, 2015, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim a total of KRW 1 million on seven occasions, including KRW 1 million on August 28, 2015, under the name of “D” member; (c) KRW 3 million on September 7, 2015; (d) KRW 3 million on September 10, 2015; (d) KRW 16 million on September 17, 2015; (e) KRW 1 million on September 17, 2015; and (e) KRW 16 million on September 25, 2015; and (e) KRW 2 million on October 1, 2015.

B. On November 3, 2017, the first instance court rendered a conviction of five months of imprisonment with prison labor to the Defendant when determining the Defendant guilty of the facts charged.

C. As to the criminal judgment of the first instance court, only the Defendant appealed on the ground of mistake of facts and unreasonable sentencing (No. 2017No. 4174). On January 10, 2018, the appellate court accepted the Defendant’s assertion of unfair sentencing (Dismissal of the Defendant’s assertion of fact-finding) and reversed the Defendant’s criminal judgment of the first instance court and sentenced the Defendant to five months of imprisonment and two years of suspended sentence to the Defendant.

The above appellate judgment became final and conclusive on January 18, 2018 because the defendant did not appeal.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

(a)a civil judgment;