The defendant shall be exempted from punishment.

Punishment of the crime

On November 29, 2018, the Defendant was sentenced to imprisonment with prison labor and eight years for fraud, etc. at the Daegu District Court on November 29, 2018 and the judgment became final and conclusive on December 7, 2018.

On March 12, 2018, the Defendant stated that “D will be sold” written by the Nonindicted Party E, who prepared a statement to the effect that “D will be purchased by the Nonindicted Party E, by accessing Internet B carpet C at an infinite place,” and “C will be sent if the Defendant sent the advance payment.”

However, even if the defendant did not have D, even if he received the advance payment from the victim, he was thought to use it as living expenses, etc., and he did not have the intent or ability to deliver the goods to the victim.

Nevertheless, the Defendant, as seen earlier, received KRW 90,00 from the victim via a virtual account (H) in the name of F Bank G around 12:58 on March 12, 2018.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Receipts:

1. Previous records of judgment: The application of criminal records, references to criminal records, amounts of dispositions, confirmation, investigation reports (written indictments, written judgments, etc.);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. In light of the latter part of Articles 37 and 39(1) of the Criminal Act that both concurrent crimes and exemption from punishment (in light of the fact that a judgment was made, and the content, timing, etc. of the crime in this case, even if the judgment was rendered at the same time with the crime in this case, it appears that the punishment would not have been aggravated, even if the judgment was rendered, etc. at the same time, it