The defendant shall be exempted from punishment.

Punishment of the crime

On June 10, 2014, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Daegu District Court’s assistance, etc., and on November 29, 2014 of the indictment on November 28, 2014, the Defendant’s correction without following the procedures for modification of indictment, as there is no clear fact that it is a clerical error in writing, and there is no risk that such correction would substantially disadvantage the Defendant’s exercise of his/her right to defense.

On June 14, 2015, the same court was sentenced to one month of imprisonment for the same crime and completed the execution of the sentence in the Ansan prison on June 14, 2015. On April 5, 2018, the Daegu District Court was sentenced to one year and six months of imprisonment for fraud, etc. and became final and conclusive on April 13, 2018.

On August 3, 2017, the Defendant sells 16 luminous cards on the bulletin board of the country of the Republic of Korea, using mobile phones, at his or her dwelling place located in Gyeong-si, Chungcheongnam-si, Chungcheongnam-si, 2017, and on the bulletin board of the country.

The phrase " shall be posted in writing and shall be delivered to the victim D who has reported and contacted with the foregoing in writing by way of a door-to-door box when receiving money."

“A false representation was made.”

However, in fact, the Defendant did not have a luminous card, and otherwise obtained it and did not have a plan to sell it to the victim, so even if receiving money from the victim, the Defendant sent a luminous card.

there was no intention or ability to act.

Ultimately, the Defendant, as above, by deceiving the victim as above, received 86,000 won from the K Bank account (Account Number E) in the name of the Defendant for the purchase price of the discharge card at around 16:35 on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A petition or a certificate of confirmation of transfer to an account;

1. Previous conviction: Application of a written inquiry about criminal history, investigation report (report on confirmation of criminal records of the same kind as the suspect A), investigation report (the fact that the person is a repeated offender and the fact that he/she was a latter part);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Exemption of punishment: Criminal Act;