The defendant shall be exempted from punishment.

Punishment of the crime

【The Defendant was sentenced to one year of imprisonment for a crime in order to commit a crime in the Goyang Branch of the District Court on January 25, 2018, and the judgment became final and conclusive on May 2, 2018.

【Criminal facts】 On March 29, 2017, the Defendant reported the victim B (nick, 15 years old)’s phone purchase at the tenet trading website, and made a false statement to the effect that “on deposit with money, the Defendant will send the relevant goods.”

However, the defendant has no intention or ability to sell the goods from the beginning.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 150,00 to the account (C) in the name of the Defendant from the victim; and (c) obtained pecuniary benefits equivalent to the same amount by not sending the relevant goods.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Details of transfer;

1. Details of the Kakao Stockholm dialogue;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 Exempted Criminal Act (i.e., fraud for which a judgment has become final and conclusive, the content, timing, amount of damage, etc. of the instant crime, taking into account the following factors: (a) even if the said judgment was concurrently rendered with the instant crime, it appears that the punishment would not have been aggravated, even if the said judgment had been rendered,