Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On January 24, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Daejeon District Court on May 24, 2013 and the judgment became final and conclusive on May 24, 2013.
On June 2012, the Defendant received a proposal from an unknown person to withdraw cash cards, etc. from the Defendant to KRW 7-80,000 per day, with knowledge of the Defendant’s withdrawal of money from the crime of fraud, and received cash cards and passwords for the accounts under C’s name (D).
A person whose name is unknown at around July 11, 2012, at a place where it is impossible to identify the place, and the fact is false that he/she would give a false notice that he/she sells a performance ticket of NAV Kaf E on the bulletin board without having any goods sold, and if he/she deposits KRW 1.6 million to the victim F, he/she would deliver the ticket at home, and then he/she received a total of KRW 800,000 from the victim in the name of C as a pre-contract for sales of the ticket in the name of C.
The Defendant received contact from those who could not know the same day and withdrawn money remitted from the victim by using a cash card and password at the location of the Daejeon National Bank located in the middle-gu, Daejeon, Daejeon, the Defendant issued 70,000 won to those who could not know the name of the victim immediately, and aided and abetted the fraud of those who could not know the name of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of a copy of the judgment;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act which choose a penalty;
1. Article 32(1) and Article 55(1)3 of the Criminal Act that mitigates punishment for aiding and abetting;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The defendant is identical to that recorded in the judgment of the court in the latter part of Article 39(1) of the Criminal Act exempted from punishment.