The defendant shall be exempted from punishment.

Punishment of the crime

On July 25, 2019, the Defendant was sentenced to two years of imprisonment with prison labor on computers, etc. in the Daegu District Court Kimcheon Branch on July 25, 2019, and the judgment became final and conclusive on August 22, 2019.

On October 29, 2018, the Defendant made a false statement to the victim B that “The Defendant would send the payment on the face of settlement in lieu of online coophones to the Internet account C.”

However, the defendant did not intend to send the price to the victim, and there was no particular property or income at the time, so there was no ability to pay the price to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim pay online coophones equivalent to KRW 323,100 to the account in the name of the Defendant using the victim’s cell phone (D).

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to 323,100 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of settlement of the mobile phone;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes on investigation reports (the details of confinement of suspects and attachment of the same case);

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. The latter part of Article 39(1) of the Exempted Criminal Act (the first sentence of Article 39(1) was sentenced to two years in prison for the crime by deceiving 25 million won in total at the same time and 44 times. In addition, the principle of equity was considered in the case of judgment);