The defendant shall be exempted from punishment.

Punishment of the crime

On August 22, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and two months at the District Court for fraud, and the said judgment became final and conclusive on October 12, 2017.

On January 3, 2017, at around 17:00, the Defendant received 17:400 won in total from the injured party, 1stma, 1 C, and 1stma, 1st C, and 1stma in total from the injured party, by deceiving the injured party by doing so, even though there is no intention or ability to pay the price, as if he could settle the price.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the receipt statute

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 crime recorded before and after the judgment becomes final and conclusive includes a majority of the crimes similar to the crimes in this case, and considering the total number of crimes and the total amount of damage, etc., even if the defendant was adjudicated simultaneously with the judgment of fraud in which the judgment became final and conclusive, it cannot be deemed that he was sentenced to more severe punishment than that set forth in the above final and conclusive judgment, and thus, it cannot be deemed that the defendant was exempted from punishment