사기
The defendant shall be exempted from punishment.
Punishment of the crime
On July 16, 2015, the Defendant was sentenced to two years of imprisonment for fraud in the Daegu District Court Kimcheon support, and the judgment became final and conclusive on December 11, 2015.
On October 22, 2014, the Defendant posted an advertisement “C Apartment 1 Deposit No. 1 Deposit No. 20” on “B” around October 22, 2014, and made a false statement to the victim D who contacted with the Defendant, stating that “The other people are sent once more off the down payment.”
However, in fact, the defendant had no intention or ability to lease the above apartment because he had made a false advertisement with the idea of deceiving money as the down payment of apartment.
As such, the Defendant, by deceiving the victim, received KRW 500,00 from the victim to the NongHyup Bank account under the name of the Defendant on the same day and acquired it by defrauded.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Previous convictions: References to inquiries, such as criminal history, investigation reports (in the present trial, confirmation of the case), each judgment, and application of summary information-related Acts and subordinate statutes;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the same criminal fraud for which judgment has become final and conclusive as the method of committing the instant crime, the amount of damage is not significant, and the equity between the case in which judgment has been obtained shall be considered);