Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On February 15, 2017, the Defendant was sentenced to six months of imprisonment for habitual fraud, and the judgment became final and conclusive on February 23, 2017.
On December 3, 2016, the Defendant, who did not have a certain occupation, obtained property profits equivalent to KRW 30,100,00 in total because he did not have the intent or ability to pay the amount of use in the DPc room of the victim C's operation located in Ansan-si B and 7 stories, and did not use approximately 24 hours and pay the amount.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Previous convictions: Inquiry of summary information of cases and application of 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. In light of the latter part of Article 37(1) of the Exemption Criminal Act (the fact that the defendant is recognized to commit the crime, the above habitual fraud and the crime of this case, which became final and conclusive, are in the relationship of single concurrent crimes after Article 37 of the Criminal Act. In light of the degree of damage to the person’s resistance due to the crime of this case, the form of the act and the closeness of the time of the crime, etc., even if the crime of this case was tried together with the above habitual fraud, it seems that no more severe punishment has been imposed. Thus, the above habitual fraud for which the crime of this case and the judgment of this case have become final and conclusive, shall be exempted from punishment at the same time,