On April 11, 2018, the defendant was sentenced to a suspended sentence of two years for criminal fraud in Busan District Court's Dong Branch branch court's imprisonment with prison labor for six months, and the above judgment became final and conclusive on April 19, 2018.

On November 24, 2017, the Defendant, at the place of residence of the Defendant, posted two PCM 150,000 won, on the Internet intermediate trading website “D” at the place of residence of the Defendant, Busan, Busan, Busan, and then sent a notice to the victim E who reported and contacted this. The Defendant would first deliver the goods to the victim E.

"......"

However, even if the defendant receives the price for the goods from the victim, he did not have the intention or ability to deliver the goods.

As above, the victim received 150,000 won from the victim's account in the name of Kakao Bank (F) on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authentic statement and written statement;

1. Transfer certificate;

1. Details of conversation;

1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of the relationship between latter concurrent crimes under Article 37 of the Criminal Act);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for exemption from punishment under the latter part of Article 39(1) of the Criminal Act lies in the relationship between fraud and the latter part of Article 37 of the Criminal Act with the judgment on which the judgment becomes final. Considering the period, method, and degree of damage of the crime of fraud in this case, even if the judgment was rendered simultaneously with the judgment on which the judgment became final and conclusive, more severe punishment would not be imposed.

Therefore, the defendant shall be exempted from punishment in consideration of the equity between the case of fraud and fraud in the judgment at the same time.