The defendant shall be exempted from punishment.

Punishment of the crime

On April 8, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Suwon District Court's Ansan Branch, and the judgment was finalized on April 16, 2014.

On July 10, 2013, when the Defendant did not have the intention or ability to sell goods from the beginning, he accessed “B” from “B, a mobile phone displayer, to “TyriaX4” as if he sold the goods to the victim C, and acquired the said money by means of receiving 320,000 won from the post office D account under the name of the Defendant and not sending the goods.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 sentence of imprisonment for two years was imposed on the defendant with respect to the theft and fraud amount of up to 12 million won in total, which has already been damaged to the defendant. Even if the crime of this case was judged simultaneously with the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., for which the punishment would not be aggravated, and all other circumstances indicated in the records are considered);