The defendant shall be exempted from punishment.

Punishment of the crime

[criminal history] On March 13, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and four months and a fine of 600,000 won at the Gwangju District Court on June 5, 2018.

[Criminal facts] On November 4, 2017, the Defendant ordered the victim C’s “gas station,” operated by the victim C, who was in the Southern Man-gun B, Nam-gun, 19:22 on November 4, 2017, to include gasoline as if the victim would pay the amount of oil.

However, the defendant did not have any intention or ability to pay the price even if gasoline is supplied from the injured party because of the lack of cash or credit card held at the time.

Nevertheless, the Defendant was supplied with gasoline amounting to KRW 65,00 at the market price on the vehicle driven by the Defendant at the seat, in other words, from the injured party.

Accordingly, the defendant deceivings the victim to take the property by deceiving him as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition;

1. Daily data from gas stations;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act (the instant crime was committed simultaneously with a crime of violating the Road Traffic Act (dacting driving) on which the judgment on criminal records became final and conclusive; however, in light of the fact that the amount of defraudation of the instant case is a small amount and that the victim was repaid and agreed after the crime, the punishment sentenced in the said final and conclusive judgment cannot be deemed to have been aggravated.)