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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[Majority Relationship] On November 20, 2015, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the District Court of Jung-gu, which became final and conclusive on January 27, 2016.
[2] On May 19, 2015, the Defendant posted a statement on May 19, 2015, stating that he/she sold a back-to-door to NAV C Caf, despite having no intent or ability to sell the back-to-door at a non-place. On the other hand, the Defendant sent a back-to-face to receive money from the victim D who contacted with the Defendant.
Then, the defendant would purchase an item at the same site in 200,000 won.
and to transfer the transaction amount to the bank account in the name of E.
The Defendant again contacts the victim again to send KRW 200,000 to a bank account in the name of E, and then, to deliver back the back.
On May 19, 2015, around 15:41, 2015, the victim transferred 200,000 won to the above account and acquired financial profits equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Data for directions bank replies;
1. Report on internal investigation (the E-line telephone investigation by the account holder);
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (report on confirmation of the results of trial by Defendant A);
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 39(1) of the Exempted Criminal Act (Article 39(1) of the Exempted Criminal Act (the Defendant was entitled to a judgment concurrently with the crime of initial head of the crime for which judgment became final and conclusive, and even if a judgment was rendered simultaneously with the above crime for which judgment became final and conclusive, it cannot be deemed that the punishment was more severe, rendering a judgment exempting from punishment