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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On May 16, 2014, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud at the Gwangju District Court, and the above judgment was finalized on May 24, 2014.
The Defendant conspired with B, on May 22, 2013, concluded that the “Edab” of the victim D’s operation in the Gu-U.S. Si, Gu-si, “The victim would be 2.5 million won of the Edab as the prepaid payment to work as an employee and the transportation cost” to the victim.
However, the Defendant and B, who were residing in Young-gu, Jeonnam-gun, was merely required to pay money, making a false statement that they would work in a multi-faceted part of the victim's operation, and did not intend to work as a multi-faced employee even after receiving prepaid money and transportation expenses.
The Defendant and B, as above, had the victim deceiving, and received a total of 29.5 billion won from the victim for prepaid and transportation expenses.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. Statement of D;
1. A loan certificate and a certificate of deposit;
1. Previous convictions indicated in judgment: Criminal history records, probationary records, previous records of disposition, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports (report on confirmation of the same kind of power);
1. Article 347 (1) and 30 of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and the choice of fines;
1. The latter part of Articles 37 and 39 (1) of the Criminal Act (Exemption from punishment in consideration of the confession of concurrent crimes, recovery of damage, method and time of the previous offense in the judgment, living attitude after the judgment becomes final and conclusive, etc.);