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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal power] On January 25, 2018, the Defendant was sentenced to a suspended sentence of two years for six months as a crime of fraud in the Dong branch of the Busan District Court. On July 20, 2018, the above judgment became final and conclusive.
【Criminal Facts】
On March 27, 2015, the Defendant stated that “Cmat” in the Defendant’s operation “Cmat,” located in the Nam-gu Busan metropolitan area B, means that “The Defendant is running the Fmat immediately to E, other than those operating the money, and that money such as facility costs, will be repaid within two months if the money such as KRW 10,000,000 is leased.” The Defendant is operating Mat well well, and in the future, he will pay Mat money.”
However, in fact, the Defendant did not have any special property at the time, and the Marart operated was also the enemy, and not only had a debt of 40 million won or more, but also had no intent or ability to repay the debt even if he borrowed money from the victim.
The Defendant, by deceiving the victim as above, received 9,80,000 won from the account in the name of G, one bank account in the name of the defendant's friendship from the victim for the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Details of transactions in postal form, loan certificates, and investigation report by bank for each account (to hear statements by complainants);
1. Previous records before ruling: Criminal records, replys to criminal records, and the application of Acts and subordinate statutes to the agreement of cases;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (Consideration to cases where agreement with victims and judgment are to be rendered simultaneously with the crime for which judgment has become final and conclusive);