Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal power] On May 17, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court on May 25, 2019, and the sentence became final and conclusive on May 25, 2019. On April 25, 2019, the Incheon District Court sentenced two months of imprisonment for a crime of fraud at the Incheon District Court, and the sentence became final and conclusive on May 3, 2019.
【Criminal Facts】
On September 15, 2018, the Defendant posted a letter that “as to sell C-Tet” by accessing B, which is a website of the Internet, and as to deposit KRW 400,000 to the victim D who reported and contacted the above, and send two copies of C-Tet at the face of the week.
‘Falsely speaking to the effect that ‘’ was false.
However, even if the defendant receives money from the victim, he did not have the intention or ability to send the above things.
Nevertheless, the Defendant, by deceiving the victim as above, received 400,000 won from the victim to the F bank account (G) in the name of E on the same day and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the victim;
1. Previous convictions in judgment: Criminal records, Incheon District Court Decision 2019No530, Incheon District Court Decision 2019Sang54 and 1485, and the application of the search statutes of this case;
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 Criminal Act exempted from punishment (Consideration, etc. of fraud for which each judgment becomes final and conclusive at the time of sale);