The defendant shall be exempted from punishment.

Punishment of the crime

On May 28, 2014, the Defendant was sentenced to six months of imprisonment and two months of imprisonment at the Gwangju District Court for fraud, and the said judgment became final and conclusive on June 6, 2014.

On September 30, 2013, the Defendant stated that “The Defendant would deduct 3,50,000 won from the amount of money received on the face of the week from October 1, 2013 to the amount of money to be used for the day from October 1, 2013.”

However, the defendant did not have the intention to perform the business and did not have the intention or ability to repay the borrowed money in the multilateral bank operated by the victim.

Accordingly, the defendant, by deceiving the victim, obtained 3.5 million won in cash from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Previous records of judgment: Defendant's legal statement, criminal records, etc. inquiry report, results of confirmation of the disposition failure, case search in B, application of statutes of judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (it shall be considered that the punishment is not aggravated even if a judgment was rendered simultaneously with a final and conclusive judgment in the market);