사기
The defendant shall be exempted from punishment.
Punishment of the crime
On January 25, 2018, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Goyang Branch of the District Court, and the said judgment became final and conclusive on May 2, 2018.
On October 25, 2017, the Defendant: (a) had no intent or ability to sell the pertinent goods from the beginning, the Defendant: (b) informed the victim of the purchase of the phone, posted by the victim in the NAV car page; and (c) induced the victim to “to send the phone-on to the account of transfer of the money; (b) led the victim to receive KRW 300,000 from the damaged person to the account of the Nonghyup Bank in the name of A (B) and received pecuniary benefits equivalent to the said amount.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. C’s statement;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
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. 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 (the judgment rendered by the Defendant, who was sentenced to one year of imprisonment due to the fraud of several methods identical to the instant crime, becomes final and conclusive. In light of the frequency of the instant crime, the nature of the crime, and the amount of the instant damage, etc., it appears that the Defendant did not receive any more severe punishment even if he/she was tried together with the judgment rendered in the instant case which became final and conclusive)