Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On May 31, 2018, the Defendant was sentenced to one month of imprisonment and one year and two months of imprisonment at the Gwangju District Court for fraud, and the judgment became final and conclusive on June 11, 2018.
On October 3, 2017, the Defendant connected to the NAV car page “Public D,” and acquired 2.80,000 won from the victim B (the victim 28 years old and south) by means of false statement to the Kakao Bank C account even though the Defendant did not have any intent or ability to trade the Internet lecture account.
Summary of Evidence
1. Statement by the defendant in court;
1. B written statements;
1. A detailed statement of deposit;
1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a statement of investigation status [including two copies of the judgment attached to the criminal suspect's criminal fraud result confirmation (including two copies of the judgment attached to the judgment)] and application of Acts and subordinate statutes;
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. The latter part of Article 37 of the Criminal Act, provided that Article 39(1) [In consideration of the details of the crime of fraud (the portion on which one year and two months have been sentenced to imprisonment; hereinafter the same shall apply) in which the judgment has become final and conclusive, methods of and amount of damage to the crime of fraud in this case, the content of the crime of fraud in this case, method of and amount of damage, etc., even if the judgment was rendered simultaneously with the judgment on the crime of fraud in this case, the punishment (one year and two months of imprisonment) cannot be deemed to have been exceeded, and therefore, the punishment of fraud in this case shall be exempted in consideration of equity in the case where the judgment is made simultaneously