The defendant shall be exempted from punishment.

Punishment of the crime

On April 1, 2016, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Daegu District Court on April 1, 2016, and the judgment became final and conclusive on April 9, 2016. On September 9, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. and said judgment became final and conclusive on September 20, 2016.

On July 22, 2015, the Defendant: (a) linked to the Internet Rober, a foreign country page; and (b) reported the Victim B’s “Atoy Elob B B B B B purchase”; and (c) sent the Victim “toy on the Jeju Dok Toy, the transfer of KRW 40,000,000 to the Victim.”

Note .

“The message sent sent the message.”

However, the defendant did not have the above toy, so even if he received the payment from the injured party, he did not have the intention or ability to send it.

The defendant deceivings the victim as above and received 40,000 won from the victim for the same day as the purchase price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Inquiry into the results of transfer;

1. Records of the judgment: Application of inquiry letter, investigation report (Attachment to the judgment)-related Acts and subordinate statutes, such as criminal history;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of 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 Exemption of Punishment Act (the crime of this case is identical to several methods of fraud in which judgment on concurrent crimes by the latter part of Article 37 of the Criminal Act becomes final and conclusive, and the duration of the crime is equivalent to that of each crime, and thus, the defendant shall take into account equity in cases where he/she has received a judgment at