The defendant shall be exempted from punishment.

Punishment of the crime

On January 14, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Cheongju District Court, and the said judgment became final and conclusive on January 22, 2016.

On June 21, 2014, the Defendant sent a notice to the Defendant’s home located in Cheongju-si, and then sent the Defendant’s message “to send a portable phone to the victim D who reported and contacted the above writing in a mobile phone text message.”

However, the defendant did not possess the above 5S mobile phone at the time, and thought that he would use the money received from the victim as living expenses, etc., so even if he received the payment from the victim, he did not have the intention or ability to supply the above portable phone.

However, on June 21, 2014, the defendant deceivings the victim as above and transferred KRW 300,000 to the Saemaul Treasury account in the name of the defendant on June 21, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. Application of statutes on details of transfer of money from damage;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. It is so decided as per Disposition on the grounds of the latter part of Article 39(1) of the Exempted Criminal Act (excluding exemption from punishment in consideration of equity in cases where a judgment is to be pronounced at the same time taking into account the details and frequency of crimes committed before and after the judgment, the frequency of crimes, and the mother of damage amount, etc.);